Jiten Singh vs The State Of Assam And Anr
2024 Latest Caselaw 3979 Gua

Gauhati High Court

Jiten Singh vs The State Of Assam And Anr on 5 June, 2024

Author: M. Choudhury

Bench: Manish Choudhury

                                                                     Page No.# 1/3

GAHC010104832024




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

                                Case No. : I.A.(Crl.)/526/2024

            JITEN SINGH
            S/O SRI RAGHUBIR SINGH, R/O SUNPORA HABI GAON, P.S.- SIVASAGAR,
            DIST.- SIVASAGAR, ASSAM.



            VERSUS

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

            2:PRAKASH SINGH
             S/O SRI TRIBENI SINGH
             R/O SUNPORA HABIGAON
             P.S.- SIVASAGAR
             DIST.- SIVASAGAR
            ASSAM
             PIN- 785685

Advocate for the Petitioner   : MR. N MAHAJAN

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 05.06.2024 (M. Choudhury,J)

Heard Mr. D. Bora, learned counsel for the applicant and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 646 [six hundred forty six] days, which is stated to have occurred in preferring the connected criminal appeal against a Judgment and Order dated 09.06.2022 passed by the Court of learned Special Judge [POCSO], Sivasagar in Special [POCSO] Case no. 22/2020. By the Judgment and Order dated 09.06.2022, the applicant- appellant has been convicted for the offences punishable under Section 6 of the Protection of Children from Sexual Offences [POSCO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 10,000/-, with default stipulation.

3. Issue notice to the opposite parties, returnable in 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 is dispensed with.

5. The applicant shall take steps for service of notice to the opposite party no. 2 by way of registered post with A/D as well as by usual process within three working days from today. In addition, the applicant is permitted to serve a copy of the notice to the learned Additional Public Prosecutor, who, in turn, shall forward the same to the Officer In-Charge of the jurisdictional Police Station for effecting service upon the opposite party no. 2. A report as Page No.# 3/3

regards such service of notice is to be submitted thereafter.

6. List the case after 4 [four] weeks.

                                        JUDGE                   JUDGE




Comparing Assistant