Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 25 June, 2025
Page No.# 1/5
GAHC010041182025
2025:GAU-AS:8607
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/221/2025
HOREN BHUYAN
S/O SRI ROTIYA BHUYAN, R/O VILLAGE KHUNTAI HENDURITING T.E, P.O.-
BADULIPUR, P.S.- KAMARGAON, DISTRICT- GOLAGHAT, PIN 785611
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:ANJU GHATOWAR
W/O SRI GOBIN GHATOWAR
R/O - NEGHERITING NO. 12 LINE
P.S.- DERGAON
DISTRICT - GOLAGHAT
ASSA
Advocate for the Petitioner : MS. M K BROWN,
Advocate for the Respondent : PP, ASSAM,
Linked Case : ST.Rev./0/0
HOREN BHUYAN
S/O SRI ROTIYA BHUYAN
R/O VILLAGE KHUNTAI HENDURITING T.E
P.O.- BADULIPUR
P.S.- KAMARGAON
Page No.# 2/5
DISTRICT- GOLAGHAT
PIN 785611
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM
2:SMT ANJU GHATOWAR
W/O SRI GOBIN GHATOWAR
R/O - NEGHERITING NO. 12 LINE
P.S.- DERGAON
DISTRICT - GOLAGHAT
ASSAM
------------
Advocate for : MS. M K BROWN
Advocate for : appearing for THE STATE OF ASSAM AND ANR
Linked Case : EC/0/0
HOREN BHUYAN
S/O SRI ROTIYA BHUYAN
R/O VILLAGE KHUNTAI HENDURITING T.E
P.O.- BADULIPUR
P.S.- KAMARGAON
DISTRICT- GOLAGHAT
PIN 785611
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM
2:SMT ANJU GHATOWAR
W/O SRI GOBIN GHATOWAR
R/O - NEGHERITING NO. 12 LINE
P.S.- DERGAON
DISTRICT - GOLAGHAT
ASSAM
Page No.# 3/5
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Advocate for : MS. M K BROWN
Advocate for : appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
25.06.2025
Heard Ms. M.K. Brown, learned counsel appearing for the petitioner.
2. Office note dated 11.04.2025 indicates that service in respect of
respondent No. 2 has been completed. However, none appears on call and Mr.
P.D. Goswami, learned Addl. Public Prosecutor is present for respondent No. 1.
3. By way of this application under Section 5 of the Limitation Act, 1963, the
applicant is seeking condonation on delay of 87 days in filing the accompanying
Criminal Appeal under Section 415(2) of the BNSS, 2023. The brief facts of the
case is that the learned Special Judge(POCSO), Golaghat, in Special POCSO
Case No. 50/2021. After hearing the argument of both the sides rendered in
Judgment & Order on 30.09.2024 whereby the applicant/appellant was
convicted and sentenced to undergo S.I. of 3(three) years and a fine of Rs.
5,000/- in default to undergo S.I. of another 15 (fifteen) days under Section
363, IPC; and to undergo R.I. of 20 (twenty) years and fine of Rs. 10,000/- in
default, S.I. of another one month under Section 6, POCSO Act.
Page No.# 4/5
4. Being aggrieved and dissatisfied, the accompanying Criminal Appeal was
filed, however, while filing the appeal, there has been a delay 87 days.
Accordingly, the instant condonation has been filed.
5. Ms. M.K. Brown, learned counsel for the applicant submits that the delay
has been unintentional and the grounds urged in the condonation application
are sufficient for condoning the delay.
6. Mr. D.P. Goswami , learned State counsel has not opposed to the
condonation prayer.
7. I have heard the learned counsels for the parties and have also perused
the materials available on record.
8. Relevant paragraph of the condonation application reads as under:
“4. That the applicant/appellant begs to state that on 11.12.2024,
the Gauhati High Court Legal Services Committee was pleased to
engage Ms. Manisha Karen Brown, Advocate, Gauhati High Court as
Legal Aid Counsel for the applicant/appellant in order to file an Appeal
before this Hon’ble Court against the Judgment of the Trial Court in
Special POCSO Case No. 50/2021, Golagghat, and accordingly the file
of the said case was handed over to Ms. Manisha Karen Brown,
Advocate.
5.That upon receipt of the documents Legal Aid Counsel needed
some time to thoroughly review the documents and prepare the
appeal. Accordingly, the Appeal was filed on 24.02.2025.
Page No.# 5/5
6. That applicant/appellant respectfully submits that there has been a
delay of 115 (One Hundred and fifteen) days in the preparation and
filing of the Criminal Appeal due to collecting documents, reviewing
them and preparing the appeal. In light of the circumstances, it is
prayed that this Hon’ble Court may kindly condone the delay of 87
days in filing the instant Criminal Appeal. ”
9. Reading of the aforesaid paragraphs, it appears that the grounds urged
are sufficient and bonafide and accordingly the delay is condoned.
10. Condonation application stands allowed.
11. Let the Criminal Appeal be registered and placed before the Court.
JUDGE
Comparing Assistant