Gulzar Hussain @ Md Guljar Hussain vs The State Of Assam And Anr
2025 Latest Caselaw 138 Gua

Gauhati High Court

Gulzar Hussain @ Md Guljar Hussain vs The State Of Assam And Anr on 2 May, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

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GAHC010085112025




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

                                Case No. : I.A.(Crl.)/427/2025

            GULZAR HUSSAIN @ MD GULJAR HUSSAIN
            S/O. SAHIDUL ISLAM, R/O- VILL- HARAR PATHAR, PS AND DIST-
            MORIGAON, ASSAM, PIN- 782106



            VERSUS

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

            2:SALMA SULTANA
            W/O. MONJUL ALI
             R/O. VILL.- MORIMUSLIM GAON
            WARD NO. 7
             P/S. AND DIST. MORIGAON
            ASSAM
             PIN-782106

Advocate for the Petitioner   : , MS J AKTAR,MR. M KHAN,MR A K DAS

Advocate for the Respondent : PP, ASSAM,
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                                  BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                          ORDER

02-05-2025 (S. K. Medhi, J)

Heard Shri A. K. Das, learned counsel for the applicant, who has filed this application under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 94 days in preferring the connected appeal.

The appeal has been preferred against the judgment and order dated 29.06.2024 passed by the learned Special Judge (POCSO), Morigaon in POCSO Special Case No. 371/2023 whereby the accused/appellant has been convicted u/s 6 of the POCSO Act and sentenced to undergo RI for 20 years and also to pay a fine of Rs.10,000/- in default RI for another 3 months.

Let notice be issued, returnable by 6 (six) weeks. Ms. A. Begum, learned Addl. PP, Assam accepts notice on behalf of the State respondent.

Let steps be taken for service of notice upon the respondent no. 2 which is to be routed through the Office of the learned PP, Assam by 2 (two) working days.

List after 6 (six) weeks along with service report to be obtained by Ms. Begum, learned Addl. PP as well as for filing objection, if any.

                                        JUDGE                 JUDGE




Comparing Assistant