Jiten Borpatra Gohain vs The State Of Assam An Anr
2025 Latest Caselaw 4904 Gua

Gauhati High Court

Jiten Borpatra Gohain vs The State Of Assam An Anr on 21 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010085272025




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

                                Case No. : I.A.(Crl.)/507/2025

            JITEN BORPATRA GOHAIN
            SON OF SRI CHENIRAM BORPATRA GOHAIN, RESIDENT OF VILLAGE-
            BATGHARIA CHANGMAI CHUK UNDER DHEMAJI POLICE STATION IN THE
            DISTRICT OF DHEMAJI, ASSAM



            VERSUS

            THE STATE OF ASSAM AN ANR.
            REPRESENTED BY THE P.P., ASSAM

            2:PUNA DOWARI
             SON OF LATE KULA DOWARI
             RESIDENT OF VILLAGE-BATGHARIA CHANGMAI CHUK UNDER DHEMAJI
            POLICE STATION IN THE DISTRICT OF 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 YARENJUNGLA LONGKUMER

                                           ORDER

21.05.2025 [Manish Choudhury, J] Page No.# 2/3

Heard Mr. U. Choudhury, learned Legal Aid Counsel for the applicant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor, Assam for the opposite party no. 1.

2. The instant interlocutory application is preferred under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 138 days in preferring the connected criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 against a Judgment and Order dated 05.10.2024 passed by the Court of learned Special Judge [POCSO], Dhemaji in Special [POCSO] Case no. 12/2019. By the Judgment and Order dated 05.10.2024, the accused-applicant has been convicted under Section 4 of the POCSO Act and he has been sentenced to undergo rigorous imprisonment for 25 years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for 1 [one] year.

3. Issue notice, returnable in 4 [four] weeks.

4. As Ms. Bhuyan, Senior Counsel & Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the said opposite party stands dispensed with. The learned Legal Aid Counsel shall furnish a copy of the interlocutory application along with annexures to the learned Additional Public Prosecutor within 2 [two] working days from today.

5. The appellant shall take steps for service of notice upon the opposite party no. 2/informant, in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024.

6. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Dhemaji Police Station as regards the service of notice upon the opposite party no. 2/informant and place the same before this Court on or before the returnable date. The State shall also file objection, if so advised, on or before the returnable date.

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7. List the case after 4 [four] weeks.

                                            JUDGE       JUDGE



Comparing Assistant