Gauhati High Court
Lakhi Bora vs The State Of Assam And Anr on 17 February, 2025
Author: S.K. Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010200302024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/942/2024
LAKHI BORA
S/O LATE BHADRA KANTA BORAH, VILLAGE BHURBANDHA HAHCHARA,
PS MORIGAON, PO BHURBANDHA, DIST MORIGAON, ASSAM 782104
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM
2:SMTI JUNU MEDHI
W/O SRI DIPAK MEDHI
VILLAGE BHURBANDHA HAHCHARA
PS MORIGAON
PO BHURBANDHA
DIST MORIGAON
ASSAM 78210
Advocate for the Petitioner : MR V JAMMAR, MR W R MEDHI,MR. P JAIN
Advocate for the Respondent : PP, ASSAM, MR. N BARUAH, AMICUS CURIAE, R2
Linked Case :
LAKHI BORA
VERSUS
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THE STATE OF ASSAM AND ANR G
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Advocate for : MR V JAMMAR
Advocate for : appearing for THE STATE OF ASSAM AND ANR G
Linked Case :
LAKHI BORA
VERSUS
THE STATE OF ASSAM AND ANR G
------------
Advocate for : MR V JAMMAR
Advocate for : appearing for THE STATE OF ASSAM AND ANR G
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
17.02.2025
(S.K. Medhi, J)
Heard Shri P. Jain, learned counsel for the applicant, who has filed this
application for condonation of delay of 192 days in preferring the connected appeal
against the judgment and order dated 12.01.2024 passed by the learned Special
Judge, (POCSO), Morigaon in POCSO Case No. 21/2018 convicting the appellant under
Section 6 of the POCSO Act, 2012 and sentencing him to undergo rigorous
imprisonment for life and also to pay a fine of Rs.10,000/- (Rupees Ten Thousand)
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and in default to undergo further rigorous imprisonment for 3 (three) months.
Notice was issued on 01.10.2024 and subsequently, an Amicus was also
appointed to appear on behalf of the respondent no.2.
No objections have been filed.
Shri Jain, the learned counsel, by referring to the averments made in the
application, more specifically, those mentioned in paragraph nos. 4 and 5 has
submitted that for reasons not within the control of the applicant, the delay has
occasioned.
Ms. Bora, the learned Addl. Public Prosecutor, Assam has submitted that she
would not have serious objections to the aspect of condonation of delay.
Apart from the settled position that in adjudicating a delay condonation petition,
a pragmatic and justice oriented approach is to be taken, the present appeal is against
a judgment and order of conviction and sentencing and therefore, we are of the
opinion that the right to prefer an appeal should not be curtailed on technical grounds.
Accordingly, on perusal of the grounds as well as taking into consideration the
aforesaid facts and circumstances, we are of the opinion that the delay is required to
be condoned which we accordingly do.
The I.A. stands allowed.
The connected appeal may accordingly be registered and listed for admission.
JUDGE JUDGE
Comparing Assistant
