Citation : 2025 Latest Caselaw 3442 Gua
Judgement Date : 24 February, 2025
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GAHC010271882024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/29/2025
SANJAY BHUMIJ
S/O. LATE KHAGEN BHUMIJ, R/O. LINE NO. 1, RANGOITING TEA ESTATE,
RANGAMATI, P/S. DERGAON, DIST. GOLAGHAT, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM.
2:XXX
D/O. LATE PARBIN BHUYAN
R/O. RONGALITLING TEA ESTATE
DIKULINE
P/S. DERGAON
DIST. GOLAGHAT
ASSAM
Advocate for the Petitioner : MRS. P B BORDOLOI,
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 24.02.2025 (S. K. Medhi, J)
Heard Ms. P. B. Bordoloi, learned Legal Aid Counsel for the applicant, who has filed this application under Section 5 of the Limitation Act, 1963 for condonation of delay of 47 days in preferring the connected appeal.
The appeal has been preferred against the judgment and order dated 28.08.2024, passed by the learned Special Judge (POCSO), Golaghat in Special (POCSO) Case No. 25/2020, convicting the accused/appellant under Section 6 of POCSO Act and sentencing him to undergo Rigorous Imprisonment for a period of 20 (twenty) years and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand) only in default to undergo further Simple Imprisonment for a period of another 1 (one) month for the offence under Section 6 of the POCSO Act.
The learned Legal Aid Counsel has also informed that pursuant to the order dated 20.01.2025, amended Cause Title has been filed to incorporate the name of the respondent No. 2.
Let the notice be issued, returnable by 6 (six) weeks.
As Ms. S. H. Bora, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal Page No.# 3/3
notice is required to be issued to the said respondent. However, she shall be provided with requisite extra-copy of the application, if not already furnished, during the course of the day.
Let steps be taken for service of notice upon respondent No. 2 in the manner prescribed which is to be routed through the Office of the learned Public Prosecutor, Assam.
Steps within 2 (two) days.
List after 6 (six) weeks along with service report on respondent No. 2.
Objections, if any, may be filed in the meantime.
JUDGE JUDGE Comparing Assistant
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