Gauhati High Court
Md. Naushad Ali vs The State Of Assam And Anr on 14 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010143632024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/737/2024
MD. NAUSHAD ALI
S/O LATE TITA MULLAH @ TITAL SHEIKH,
VILL.- BORCHAKABAHA, P.S.- MIHIRBHETA, DIST.- MORIGAON, ASSAM,
PIN- 782105.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P., ASSAM.
2:MUSTT. HABIZA KHATOON
W/O ZAKIR ALI
VILL.- BORCHAKABAHA
P.S.- MIHIRBHETA
DIST.- MORIGAON
ASSAM
PIN- 782105
Advocate for the Petitioner : MRS. S KHATANIAR (LEGAL AID COUNSEL),
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 14.08.2024
[Manish Choudhury, J]
Heard Ms. S. Khataniar, learned Legal Aid Counsel for the applicant-appellant and Mr. K.K. Das,
learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.
2. The applicant as the appellant has preferred this criminal appeal from jail against a Judgment and
Order dated 13.03.2024 passed by the Court of learned Additional Sessions Judge-cum-Special Judge
[POCSO], Morigaon ['the Special Court', for short] in POCSO Case no. 39/2018. By the said
Judgment and Order, the applicant-appellant has been convicted for the offence under Section 6,
Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to
undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine,
to undergo further rigorous imprisonment for 3 [three] months.
3. The applicant-appellant has explained in paragraph 2 (of the instant application) the reasons for
the delay of 64 days.
4. Mr. K.K. Das, learned Additional Public Prosecutor appearing for the State has submitted that
since the applicant-appellant has been convicted for serious offences and also inter-alia sentenced for
life imprisonment, under Section 6, POCSO Act, interest of justice would be better sub-served if the
accompanying appeal is heard on merit.
5. In respect of this application for condonation of delay to the opposite party no. 2/informant is
dispensed with at the stage with the observation that the opposite party no. 2/informant will have
participatory right in the accompanying criminal appeal in the event the same is admitted for hearing.
6. Having gone through the reasons given in the application as regards the delay, we are of the
considered view that the applicant-appellant has been able to explain the reasons for delay of 64 days
showing sufficient cause.
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7. In the above view of the matter; and as the applicant-appellant is undergoing life imprisonment;
interest of justice will be better subserved if the criminal appeal is heard on merits, by condoning the
delay of 64 days.
8. Accordingly, the instant application seeking condonation of delay of 64 days in preferring the
accompanying appeal stands allowed.
9. The Registry to register the accompanying appeal and thereafter, list the appeal for admission.
JUDGE JUDGE
Comparing Assistant
