Bichitra Ruhi Das vs The State Of Assam And Anr
2024 Latest Caselaw 5904 Gua

Gauhati High Court

Bichitra Ruhi Das vs The State Of Assam And Anr on 14 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                  Page No.# 1/2

GAHC010107792024




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

                                    Case No. : I.A.(Crl.)/739/2024

             BICHITRA RUHI DAS
             S/O LATE BIPUL RUHI DAS,
             BETBARI NO- 2 KONWAR GAON, P.S. AND DIST.- SIVASAGAR, ASSAM.


             VERSUS

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

             2:PURNIMA KARMAKAR
             W/O RAJU KARMAKAR

             VILL.- BETBARI 2 NO. KONWAR GAON
             P.S. AND DIST.- SIVASAGAR

Advocate for the Petitioner     : MR P KATAKI, MS S BARPUJARI,MS. A LALA,MRS R BEGUM

Advocate for the Respondent : PP, ASSAM,




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                               ORDER

Date : 14.08.2024 [Manish Choudhury, J]

Heard Mr. P. Kataki, learned counsel for the applicant-appellant and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

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2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 423 days in preferring the accompanying criminal appeal against a Judgment and Order dated 30.01.2023 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Sivsagar ['the Special Court', for short] in Special [POCSO] Case no. 37/2022, whereby, the applicant-appellant has been convicted for the offences under Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 and under Section 366, Indian Penal Code [IPC]. For the offence under Section 6, POCSO Act, the applicant-appellant has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 10,000/-, with default stipulation.

3. Issue notice returnable in 4 [four] weeks.

4. As Mr. Das, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice to the opposite party no. 1, stands dispensed with.

5. The learned counsel for the applicant-appellant shall furnish a copy of the notice for service upon the opposite party no. 2 to the office of the Public Prosecutor within a period of 3 [three] working days from today.

6. The learned Additional Public Prosecutor is to obtain a report as regards service of notice upon the opposite party no. 2 from the Officer In-Charge, Sivsagar Police Station on or before the returnable date.

                                                              JUDGE                                JUDGE




Comparing Assistant