Prabin Hazarika vs The State Of Assam
2025 Latest Caselaw 532 Gua

Gauhati High Court

Prabin Hazarika vs The State Of Assam on 14 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                               Page No. 1/3

GAHC010067282025




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

                                Case No. : I.A.(Crl.)/469/2025

            PRABIN HAZARIKA
            S/O- LATE DEHJUR HAZARIKA, R/O- KHOWANG SONOWAL BONGALI
            GAON, PS- KHOWANG DIST- DIBRUGARH, ASSAM

            VERSUS

            THE STATE OF ASSAM
            TO BE REP BY PP, ASSAM

            2:SUMI SARMA
            W/O. KUSHAL SARMA
             R/O. KHOWANG SONOWAL BONGALI GAON
             P/S. KHOWANG
             DIST. DIBRUGARH
            ASSAM

Advocate for the Petitioner   : MR. I U CHOWDHURY, MD IMRAN,MR. A AHMED,MR D
SAIKIA

Advocate for the Respondent : PP, ASSAM,

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 14.05.2025 [Manish Choudhury, J.]

Heard Mr. I.U. Choudhury, learned counsel for the applicant-appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam 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 6 days in preferring the connected criminal appeal. The connected criminal appeal is preferred under Section 415[2], Bharatiya Nagarik Suraksha Sanhita, 2023 against a Judgment and Order dated 12.11.2024 passed by the Court of learned Sessions Judge, Dibrugarh ['the trial court', for short] in POCSO Case no. 22/2019. By the Judgment and Order dated 12.11.2024, the learned trial court has convicted the applicant-appellant for the offence under Section 376[2][i], Indian Penal Code [IPC] read with Section 4, POCSO Act. The applicant-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default of pay of fine, to undergo simple imprisonment for 3 [three] months.

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

4. As Ms. Jahan, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the opposite party-respondent no. 1, State of Assam, issuance of formal notice in respect of the said opposite party-respondent stands dispensed with. The learned counsel for the appellant shall furnish an extra copy of the application along with annexures, to Ms. Jahan within 3 [three] working days from today.

5. The applicant-appellant shall take steps for service of notice upon the opposite party- respondent 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, Khowang Police Station as regards service of notice upon the respondent no. 2 and place the same before this Court on or before the returnable date.

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

                                                         JUDGE                       JUDGE





Comparing Assistant