Jadab Barua vs The State Of Assam
2025 Latest Caselaw 539 Gua

Gauhati High Court

Jadab Barua vs The State Of Assam on 14 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                               Page No. 1/3

GAHC010097412025




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

                                Case No. : I.A.(Crl.)/471/2025

            JADAB BARUA
            SON OF LATE BHOGESWAR BARUAH, RESIDENT OF VILLAGE
            CHARAIBAHI KHAIGARIA, P/S. MIKIRBHETA, DIST. MORIGAON, ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP ASSAM

            2:RUPANJALI BARUAH
            WIFE OF JADAB BARUAH
             RESIDENT OF VILLAGE CHARAIBAHI KHAIGARIA
             P/S. MIKIRBHETA
             DIST. MORIGAON
            ASSAM

Advocate for the Petitioner   : MS. B SARMA, FOR LEGAL AID

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 Ms. B. Sarma, learned Legal Aid 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 7 days in preferring the accompanying criminal appeal. The connected criminal appeal is preferred by the applicant as the appellant under Section 415[2], Bharatiya Nagarik Suraksha Sanhita, 2023 against a Judgment and Order dated 20.02.2025 passed by the Court of learned Additional Sessions Judge - cum - Special Judge [POCSO], Morigaon ['the Special Court', for short] in POCSO Case no. 41/2020. By the Judgment and Order dated 20.02.2025, the learned Special Court has convicted the applicant-appellant for the offence under Section 6 of the Protection of Children from Sexual Offence [POCSO] Act, 2012. The applicant-appellant has been sentenced to undergo rigorous imprisonment for remainder of his life and to pay a fine of Rs. 20,000/-.

3. The case records of POCSO Case no. 41/2020be called for.

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

5. 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-appellant furnish an extra copy of the application to Ms. Jahan within 3 [three] working days from today.

6. 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 and the order dated 23.06.2023 passed in Criminal Appeal [J] no. 40/2022 [Deepak Nayak vs. State of Assam and two others].

7. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Mikirbheta 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.

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

                                            JUDGE     JUDGE




Comparing Assistant