Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 5306 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 13 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                             Page No.# 1/3

GAHC010085222025




                                                                  2025:GAU-AS:7783-DB

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

                                 Case No. : I.A.(Crl.)/602/2025

            BHUTANGA KUMAR
            S/O LATE RAM PARESH KUMAR, R/O SEGUNBARI T.E. , BAGAN LINE, P.S.
            MARGHERITA, DISTRICT TINSUKIA, ASSAM.



            VERSUS

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

            2:RINA KAMAR
            W/O. BHUTONGA KAMAR
             SEGUNBARI T.E.
             P/S. MARGHERITA
             DIST. TINSUKIA
            ASSAM

Advocate for the Petitioner   : MRS. A GAYAN,

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

13.06.2025 [Manish Choudhury, J] Page No.# 2/3

Heard Ms. A. Gayan, learned Legal Aid for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party 1-respondent State.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 121 days, which have occurred in preferring the accompanying criminal appeal. The accompanying criminal appeal is preferred against a Judgment and Order dated 22.10.2024 passed by the Court of learned Additional Sessions Judge-cum- Special Judge [POCSO], Tinsukia in POCSO Case no. 34/2017. By the Judgment and Order dated 22.10.2024, the applicant-appellant has been convicted for the offence under Section 376[2][f], Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- with default stipulation.

3. We have gone through the statements and averments made in the instant application, more particularly, paragraph 3 thereof.

4. After delivery of the Judgment and Order on 22.10.2024, case papers were forwarded by the Guwahati Legal Aid Services Committee for legal assistance on 03.12.2024. As the Legal Aid Counsel appointed had medical issues, the appeal could be preferred and filed on 21.04.2025 and in the process, delay of 121 days have occurred.

5. Ms. Bora, learned Additional Public Prosecutor appearing for the State has submitted that since the applicant-appellant has been sentenced to undergo imprisonment for life, the interest of justice would be better sub-served if the accompanying criminal appeal is heard on merits by condoning the delay in preferring the accompanying appeal, after effecting service of notice upon the opposite party no. 2-informant.

6. Having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to make out a prima facie case showing sufficient cause for condonation of delay of 121 days in preferring the accompanying criminal appeal.

Page No.# 3/3

7. We are also of the considered view that since the applicant-appellant has been sentenced to undergo imprisonment for life, interest of justice will be better sub-served if the connected appeal is heard on merits after condoning the period of delay.

8. The instant application is allowed condoning the delay 121 days in preferring the connected appeal.

9. Issuance of notice to the opposite party no. 2-informant is dispensed with at this stage as the opposite party no. 2-informant will be heard when the accompanying criminal appeal is heard on merits, after ensuring service of notice, if the opposite party no. 2-informant chooses to appear.

10. The Registry to register the accompanying appeal and thereafter, to list the same in the admission column.

                                                JUDGE                                      JUDGE




Comparing Assistant