Raj Sahani vs The State Of Assam And Anr
2023 Latest Caselaw 3824 Gua

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GAHC010021292023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/63/2023

            RAJ SAHANI
            S/O SIPAHI SAHANI,
            R/O SIPAHI SAHANI,
            R/O MATIPUL- 2,
            P.S.- KHATKHATI,
            DIST.- KARBI ANGLONG, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM.

            2:RUMLI DEVI
            W/O MUKHESWAR JADAV

            VILL.- SANTIGAON- 1

            P.S.- KHATKHATI

            DIST.- KARBI ANGLONG
            ASSAM
            PIN- 782480

Advocate for the Petitioner   : MISS M GOGOI

Advocate for the Respondent : PP, ASSAM




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          RAJ SAHANI



              VERSUS

          THE STATE OF ASSAM AND ANR . B



          ------------

Advocate for : MISS M GOGOI Advocate for : appearing for THE STATE OF ASSAM AND ANR . B

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

20.09.2023.

Heard Mr. S. A. Ahmed, learned counsel for the applicant. Also heard Mr. E. Ahmed, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 2days in preferring the connected Criminal Appeal against the impugned judgment and order dated 20.10.2022 passed by the Special Judge (POCSO), Karbi Anglong at Diphu in POCSO Case No 02/2017 under 4 of the POCSO Act, 2012. The cause of delay is explained at paragraph- 3 of the connected application.

Learned counsel appearing for the respondent No. 2 submits that that he will have no objection, if delay is condoned.

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Considering the submission of the learned counsel for the respondent as well as the pleadings made in the paragraph 2of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected criminal appeal, if same is not defective and list for Admission showing the name of Mr. E. Ahmed, learned counsel as the counsel for the respondent No. 2 in the cause list.

JUDGE

Comparing Assistant