Dipan Ghosh @ Dipon Ghosh vs The State Of Assam And Anr
2025 Latest Caselaw 5482 Gua

Gauhati High Court

Dipan Ghosh @ Dipon Ghosh vs The State Of Assam And Anr on 18 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                  Page No. 1/3

GAHC010130362025




                                                                         undefined

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

                                Case No. : I.A.(Crl.)/637/2025

            DIPAN GHOSH @ DIPON GHOSH
            S/O. LT. PUTUL GHOSH, R/O. KANAIBAZAR, P/S. PATHARKANDI, DIST.
            SRIBHUMI

            VERSUS

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

            2:SWAPNA DAS
            W/O. NIBARAN DAS
            VILL. KANAI BAZAR
             P/S. PATHARKANDI
             DIST. SRIBHUM

Advocate for the Petitioner   : MR. M A CHOUDHURY, MISS. P M AHMED,U U KHAN,MR. A
AHMED

Advocate for the Respondent : PP, ASSAM,

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

                                           ORDER

Date : 18.06.2025 [Manish Choudhury, J.]

Heard Ms. P.M. Ahmed, learned counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party-respondent 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 one day, which has occurred in preferring the accompanying criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita, 2023.

3. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 4941/2025 [Filing Number] against a Judgment and Order dated 26.03.2025 passed by the Court of learned Additional Sessions Judge [FTC], Sribhumi in Sessions Case no. 32/2016. By the said Judgment and Order dated 26.03.2025, the applicant- appellant has been convicted for the offences under Section 376, Indian Penal Code [IPC] and Section 6 of the Protection of Children from Sexual Offences [POCSO] Act. The applicant- appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, with default stipulation, under Section 376, IPC. The applicant-appellant has also been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 20,000/-, with default stipulation, under Section 6 POCSO Act.

4. We have gone through the statements and averments made in the instant application.

5. Ms. Bora, learned Additional Public Prosecutor appearing for the State has submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for twenty years, 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 one day in preferring the accompanying criminal appeal.

7. We are also of the considered view that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for twenty years, interest of justice will be

better sub-served if the connected appeal is heard expeditiously on merits after condoning the period of delay.

8. The instant application is allowed condoning the delay of one day 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.

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

                                                        JUDGE                        JUDGE




Comparing Assistant