Sakhi Charan Biswas vs The State Of Assam And Anr
2025 Latest Caselaw 5724 Gua

Gauhati High Court

Sakhi Charan Biswas vs The State Of Assam And Anr on 25 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010134952025




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

                                Case No. : I.A.(Crl.)/686/2025

            SAKHI CHARAN BISWAS
            S/O. LT. NIBARAN BISWAS, RO ALIPUR GAON P/S. SILAPATHAR, DIST
            DHEMAJI, ASSAM



            VERSUS

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

            2:CHANDAN MANDAL
             S/O. LT. SUREN MADAL
             RO ALIPUR GAON P/S. SILAPATHAR
             DIST DHEMAJI
            ASSA

Advocate for the Petitioner   : MR. U CHOUDHURY, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,




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

                                           ORDER

Date : 25-06-2025 [M. Choudhury, J]

Heard Mr. U. Choudhury, learned Legal Aid Counsel for the applicant-

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appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant application is preferred under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 23 days in preferring the accompanying criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023. The accompanying criminal appeal has been preferred against a Judgment and Oder dated 26.03.2025 passed by the Court of learned Special Judge [POCSO], Dhemaji in Special [POCSO] Case no. 30/2022, arising out of Silapathar Police Station Case no. 477/2011. By the Judgment and Order dated 26.03.2025, the applicant-appellant has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 30 years and to pay a fine of Rs. 30,000/-, with default stipulation.

3. We have gone through the statements and averments made in the instant application, more particularly, paragraphs 4 & 5 thereof.

4. 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 explain the period of delay of 23 days showing sufficient cause.

5. We are also of the considered view that interest of justice will be better sub-served if the accompanying appeal is heard on merits as the applicant- appellant has been sentenced to undergo rigorous imprisonment for 30 [thirty] years.

6. Mr. Kaushik, learned Additional Public Prosecutor appearing for the State has fairly submitted that since the applicant-appellant has been sentenced to Page No.# 3/3

undergo rigorous imprisonment for 30 years, the interest of justice would be better sub-served if the accompanying appeal is heard on merits after effecting service of notice on the victim.

7. The issuance of notice to the opposite party no. 2/informant is dispensed with at this stage as at the stage of hearing the connected criminal appeal, service of notice upon the opposite party no. 2/informant is to be ensured and the opposite party no. 2/informant would be heard, if the opposite party no. 2/informant enters appearance after service of notice.

8. For the afore-said reasons, the instant application is allowed condoning the delay of 23 days in preferring the connected appeal.

9. The Registry to register the connected appeal and thereafter, to list the same in the admission column.

                                   JUDGE                  JUDGE




Comparing Assistant