KULESWAR MORAN @ BISWAJIT v. THE STATE OF ASSAM AND ANR
I.A.(Crl.)/812/2025 · 2025-08-03
Anjan Moni Kalita, Michael Zothankhuma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16723 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16723 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010166822025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/812/2025 KULESWAR MORAN @ BISWAJIT S/O. LT. BHELUWA MORAN, R/O. WATHOI (NA-KATHALGURI), P/S.
BORDUMSA, DIST. TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SURAJIT MORAN S/O. SRI JITEN MORAN R/O. WATHOI (NA-KATHALGURI) P/S. BORDUMSA DIST. TINSUKIA ASSAM Advocate for the Petitioner : MR. B HALDAR, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 04-08-2025 (A.M. Kalita, J) Heard Mr. B. Haldar, learned counsel for the applicant/appellant. Also heard
Page No.# 2/2 Ms. A. Begum, learned Addl. P.P., Assam appearing for the respondent No.1/the State of Assam.
2. This is an application under Section 5 of the Limitation Act for condonation of delay of 215 days in filing the connected criminal appeal against the impugned Judgment and Order dated 09.10.2024, passed by the learned Sessions Judge-cum-Special Judge (POCSO), Tinsukia, in POCSO Case No.51/2022, convicting the applicant/appellant under Section 6 of the POCSO Act and sentencing him to undergo rigorous imprisonment for 20 years and also to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for a period of 4 months.
3. We have gone through the application and the explanation given in Para-6 of the application. We have also heard the learned Addl. PP and the Addl. PP does not have any objection in condonation of delay due to the explanation given in the application.
4. Accordingly, the delay of 215 days is condoned.
5. Registry to register the appeal and list the same after 2(two) weeks.
6. The I.A. is accordingly disposed off.
JUDGE JUDGE Comparing Assistant