Mandir Rabha @ Prasanta Rabha v. The State of Assam and Anr

ORDER Date : 18.09

.2024 Heard Mr. A. Gogoi, learned counsel for the applicant and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent No.

¶1This is an application under Section 5 of the Limitation Act for condoning the delay of 316 days in preferring the appeal against the judgment and order darted 10.08.2023, passed by the learned Sessions Judge, Baksa in Sessions Case No. 42/2022 whereby the appellant was convicted under sections 458/ 376(1) / 506 IPC and sentenced him to (i) undergo rigorous imprisonment for a period of 7 years alogwith fine of Rs. 2000/ and in default to suffer R.I for 6 months for committing offence under Section 376(1), (ii) R.I. for 5 years and fine of Rs. 2000/ and in default to suffer R.I. for another 3 Page No.# 3/3 months for committing offence under Section 458 IPC and (iii) R.I. for 2 years for committing offence under Section 506 IPC. The ground of delay has been mentioned in the petition and properly explained. The grounds are found satisfactory. On the other hand, learned Addl. P.P. has made no objection to condone the delay. In view of the above, the delay of 316 days in preferring the connected appeal is hereby condoned. The I.A. stands disposed of. The Registry is directed to register the criminal appeal and list the matter for admission.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010174092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/840/2024 MANDIR RABHA @ PRASANTA RABHA S/O. LOHIT RABHA, R/O. VILL.- TATLAPARA, P.S. MUSHALPUR, DIST. BAKSA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI. PUTULI RABHA D/O. OF LT. JILKA RABHA R/O. VILL. GAONRASTHAN (TATLAPARA) P.S. MUSHALPUR PIN-781377 DIST. BAKSA ASSAM Advocate for the Petitioner : MR. A GOGOI, Advocate for the Respondent : PP, ASSAM, Linked Case : MANDIR RABHA @ PRASANTA RABHA VERSUS THE STATE OF ASSAM AND ANR G ------------ Advocate for : MR. A GOGOI Advocate for : appearing for THE STATE OF ASSAM AND ANR G Page No.# 2/3 Linked Case : MANDIR RABHA @ PRASANTA RABHA VERSUS THE STATE OF ASSAM AND ANR G ------------ Advocate for : MR. A GOGOI Advocate for : appearing for THE STATE OF ASSAM AND ANR G BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI