Niten Basumatary @ Harung vs State Of Assam
2025 Latest Caselaw 3593 Gua

Gauhati High Court

Niten Basumatary @ Harung vs State Of Assam on 28 February, 2025

Author: Sk Medhi

Bench: Sanjay Kumar Medhi

                                                                           Page No.# 1/3

GAHC010227312024




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

                               Case No. : I.A.(Crl.)/143/2025 in
                              Crl.A.(J)/9924/2024 (filing number)

            NITEN BASUMATARY @ HARUNG
            S/O. LT. UPEN BASUMATARY, R/O. VILL. DHUPGURI BORIGAON, WARD
            NO. 02, P/S. LAHARIGHAT, P/S. LAHARIGHAT, DIST. MORIGAON, ASSAM,
            PIN-782127.



            VERSUS

            STATE OF ASSAM
            REP. BY THE PP, ASSAM.

            2:ANIMA BORO
            W/O. RAJIB BORO
             R/O. WARD NO. 1
             DHUPGURI
             BORIGAON
             P/S. LAHARIGHAT
             DIST. MORIGAON
            ASSAM
             PIN-782127

Advocate for the Petitioner   : MR. B K SEN, MR A HUSSAIN

Advocate for the Respondent : PP, ASSAM,
                                                                       Page No.# 2/3

                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

28.02.2025 (SK Medhi, J.)

Heard Ms. F Sahin, learned counsel appearing on instructions of Shri BK Sen, learned counsel for the applicant, who has filed this application under Section 5 of the Limitation Act for condonation of delay of 93 days in preferring the connected appeal.

The connected appeal has been filed under Section 415 of the BNSS read with Article 227 of the Constitution of India against the judgment and order dated 18.05.2024 passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Morigaon, Assam in POCSO Case No. 375/2023 under Section 376AB of the IPC read with Section 6 of the POCSO Act arising out of GR No. 1611/2023 out of Laharighat PS Case No. 241/2023 under Section 376AB of the IPC read with Section 6 of the POCSO Act and sentencing the accused appellant to undergo RI for life which means imprisonment for the remainder of his natural life and also to pay a fine of Rs. 10,000/-, in default to undergo further RI for 3 months.

Let notice be issued, returnable by 6 weeks.

Ms. A Begum, learned Addl. PP, Assam accepts notice on behalf of the respondent no. 1.

Let steps be taken upon the respondent no. 2 in the manner prescribed which is to be routed through the office of the learned PP, Assam.

Page No.# 3/3

Steps within 2 working days.

Objection(s), if any, may be filed within the returnable days.

                        JUDGE                        JUDGE




Comparing Assistant