Haren Phukan vs The State Of Assam And Anr
2025 Latest Caselaw 411 Gua

Gauhati High Court

Haren Phukan vs The State Of Assam And Anr on 9 May, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                                          Page No.# 1/3

GAHC010078642025




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

                                  Case No. : I.A.(Crl.)/441/2025
                                            In Crl. A./3335/2025

           HAREN PHUKAN
           S/O- LATE SITARAM PHUKAN, R/O- VILL- SANTIPUR, PS BIHPURIA, PO-
           BIHPURIA, DIST- LAKHIMPUR, PIN- 784161

           VERSUS

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

           2:SABITA LAHON
           W/O. SANJIB LAHON
            R/O. VILL.- SANTIPUR
            P/S. BIHPURIA
            P/O. BIHUPRIA
            DIST. LAKHIMPUR
            PIN-784161

Advocate for the Petitioner : MR. P K BHUYAN,
Advocate for the Respondent : PP, ASSAM,


           Linked Case : EC/0/0

           HAREN PHUKAN
           S/O- LATE SITARAM PHUKAN
           R/O- VILL- SANTIPUR
           PS BIHPURIA
           PO- BIHPURIA
           DIST- LAKHIMPUR
           PIN- 784161


           VERSUS
                                                                            Page No.# 2/3


            THE STATE OF ASSAM
            REP BY PP
            ASSAM

            ------------
            Advocate for : ANSHUMAN DAS
            Advocate for : appearing for THE STATE OF ASSAM



             Linked Case : ST.Rev./0/0

            HAREN PHUKAN
            S/O- LATE SITARAM PHUKAN
            R/O- VILL- SANTIPUR
            PS BIHPURIA
            PO- BIHPURIA
            DIST- LAKHIMPUR
            PIN- 784161


             VERSUS

            THE STATE OF ASSAM
            REP BY THE PP
            ASSAM


            ------------
            Advocate for : ANSHUMAN DAS
            Advocate for : appearing for THE STATE OF ASSAM



                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

09-05-2025 (S. K. Medhi, J)

Heard Shri R. Bhuyan, learned counsel for the applicant, who has filed this application under Section 5 of the Limitation Act, 1963 for condonation of delay of 151 Page No.# 3/3

days in preferring the connected appeal.

The appeal has been preferred against the judgment and order dated 27.08.2024 passed by the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in Special (POCSO) Case No. 08/2017 whereby accused/the present appellant has been convicted and sentenced to undergo rigorous imprisonment for a term of 11 years and to pay a fine of Rs.10,000/- only, in default of which a further term of simple imprisonment of 5 months for the offence under Section 6 of the POCSO Act.

Let notice be issued, returnable by 6 (six) weeks. Ms. S. Jahan, 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 in the manner prescribed which is to be routed through the Office of the learned PP, Assam by 2 (two) working days.

List after 6 (six) weeks for service report as well as for filing objection, if any.

                                  JUDGE                     JUDGE




Comparing Assistant