Sukhuram Satnami vs The State Of Assam on 21 April, 2025

Gauhati High Court

Sukhuram Satnami vs The State Of Assam on 21 April, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010056872025




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

                           Case No. : I.A.(Crl.)/259/2025

          SUKHURAM SATNAMI
          S/O- SRI MADAN SATNAMI, R/O- VILL- SATNAMI GAON, PS HOWRAGHAT,
          DIST. KARBI ANGLONG, ASSAM, PIN-782481.

          VERSUS

          THE STATE OF ASSAM
          REP BY THE PP, ASSAM

          2:GORIBA SATNAMI
           S/O. LT. ASAMIA SATNAMI
           R/O. VILL. SATNAMI GAON
           P/S. HOWRAGHAT
           DIST. KARBI ANGLONG
          ASSAM
           PIN-782481

Advocate for the Petitioner : SABRISH AHMED, DARAK ULLAH,MS A HUSSAIN
Advocate for the Respondent : PP, ASSAM,

                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

21.04.2025

Heard Ms. A. Hussain, learned counsel for the petitioner and Mr. B.
Sarma, learned Additional Public Prosecutor appearing for respondent No.2.

This is an application under Section 5 of Limitation Act for condoning
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the delay of 20 days in filing the connected Criminal Appeal against the
judgment and order dated 06.02.2024 passed by the learned Additional
Sessions Judge cum Special Judge (POCSO), Karbi Anglong, Diphu in POCSO
Case No. 28 of 2018 whereby the accused was convicted under Section 8 of
POCSO Act.

As Mr. B. Sarma, learned Additional Public Prosecutor has entered
appearance on behalf of the State respondent No.1, no formal notice need to be
issued. However, a copy of the petition along with the documents annexed
thereto be furnished to him.

Issue notice to the respondent No.2.

The present application is arising out of the POCSO Act, accordingly, in view of
the above facts and in terms of the judgment of this Court passed in Dipak
Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the
victim/guardian of the victim/informant through the O.C., of concerned Police
Station.

The petitioner shall submit a copy of the petition to the Registry of this Court,
who shall furnish the same to the learned Additional Public Prosecutor. The
learned Additional Public Prosecutor shall thereafter forward the same to the
O.C. of concerned P.S., who shall serve the same to the victim/guardian of the
victim/informant. The O.C. of concerned P.S. shall thereafter give a report of
service of the petition/notice to this Court.

List the matter on 07.05.2025.

JUDGE

Comparing Assistant