Champak Borah v. The State of Assam and Anr

ORDER Date : 10/05/2024 Suman Shyam, J

Heard Ms. P. Das, learned Legal Aid Counsel, appearing for the applicant. We have also heard Ms. S. Jahan, learned APP, Assam, appearing for the State. This IA has been filed under section 5 of the Limitation Act, 1963, with a prayer to condone the delay of 73 days in preferring the jail appeal. We have perused the explanation furnished by the applicant for the delay in filing the appeal. Ms. S. Jahan, learned APP, Assam, submits that she has no instruction to file any objection opposing the prayer made in the IA. We have noted that the applicant has been convicted under section 4(2) of the POCSO Act and inter alia sentenced to undergo rigorous imprisonment for 20 years and also to pay fine. Therefore, the applicant has a statutory remedy in the form of an appeal. In view of the above and considering the explanation furnished in the IA, we are of the considered view that the applicant was prevented by sufficient cause from filing the connected appeal within time. As such, the delay of 73 days is hereby condoned. Office to register the connected appeal and list the matter for admission. Page No.# 3/3 IA stands disposed of.

JUDGE JUDGE

sukhamay Comparing Assistant

Page No.# 1/3 GAHC010053282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/254/2024 CHAMPAK BORAH S/O SRI BUP CHANDRA BORAH, VILL.- DAHUTIA, P.S.- PULBAR, DIST.- JORHAT, ASSAM, PIN- 785006. VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P., ASSAM. 2:BABITA BARUAH W/O SRI PRABHAT BAUAH VILL.- DAHUTIA P.S.- PULBAR DIST.- JORHAT ASSAM Advocate for the Petitioner : MS P DAS (LEGAL AID COUNSEL) Advocate for the Respondent : PP, ASSAM Linked Case : CHAMPAK BORAH VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR B ------------ Advocate for : MS P DAS Advocate for : appearing for THE STATE OF ASSAM AND ANR B BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY