Ajodhya Prasad Mishra v. The State of Assam and Anr

ORDER Date : 09.04.2024 [M. Choudhury, J] Heard Mr. A.M. Ahmed, learned counsel for the applicant and Ms. S. Jahan, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

¶2The present application is preferred under Section 5 of the Limitation Act, 1963 with a prayer to condone delay of 8 [eight] days, which has occurred in preferring the connected appeal against a Judgment and Order dated

12.01.2024. The applicant as the appellant, has preferred the connected appeal, which is yet to be registered, against the Judgment and Order dated 12.01.2024 passed by the court of learned Special Judge [POCSO], Baksa in Special POCSO Case no. 04/2018. By the said Judgment and Order dated 12.01.2024, the applicant-appellant has been convicted for offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and he has been sentenced to undergo rigorous imprisonment for a period of 20 [twenty] years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for 6 [six] months.

¶3The learned counsel for the applicant has drawn attention to the statements and averments made in paragraph 2 of the instant application wherein the reason for delay has been explained.

¶4Though a contention has been advanced on behalf of the learned Additional Public Prosecutor that issuance of notice to the opposite party no. 2 Page No.# 3/3 appears necessary, we are of the considered view that the opposite party no. 2/victim/guardian/support person, will have every participatory right in the course of the criminal appeal and we do not find it necessary, to issue notice to the victim/guardian/support person at this stage as the period of delay in preferring the appeal is only 8 [eight] days. We are satisfied that the explanation provided in paragraph 2 of the instant application. As the applicant has been able to show sufficient cause in explaining the delay. We find it proper to condone the delay and to hear the accompanying appeal on merits. Accordingly, the instant interlocutory application is allowed.

¶5The Registry to register the connected appeal and list the same for admission.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010071752024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/343/2024o AJODHYAoPRASADoMISHRAo S/OoLATEoRAMoADHARoMISHRA,o VILL.-oBHAGWANPUR,o P.O.oANDoP.S.-oCHAURICHAURA,o DIST.-oGORAKHPURo(UTTARoPRADESH),oPIN-o273209.o PRESENToADDRESS-oVILL.-oNO.o2oGORESWAR,oP.O.oANDoP.S.-oGORESWAR,o DIST.-oBAKSAo(ASSAM),oPIN-o781366. VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REP.oBYoTHEoP.P.,oASSAM. 2:JAGADISHoMAZUMDAR oS/OoLATEoGANESHoMAZUMDAR o VILL.-oNO.o2oGORESWAR oP.O.oANDoP.S.-oGORESWAR oDIST.-oBAKSAo(ASSAM) oPIN-o781366o AdvocateoforotheoPetitionerooooo:oMRoHoRoAoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MR. JUSTICE ROBIN PHUKAN