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2026 DAILYLAW 5188 (GAU)

SHRI MITHUN BANGTHAI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/290/2026 · 2026-04-28

Michael Zothankhuma, Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/2 GAHC010047562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/290/2026 SHRI MITHUN BANGTHAI SON OF JANGBO BAGTHAIRESIDENT OF VILLAGE-GARMARIUNDER MORIGAON POLICESTATION IN THE DISTRICT OF MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTEDBY P.P., ASSAM. 2:SMTI SANGITA BANGTAHI WIFE OF LATE RASHEN BANGTHAI RESIDENT OF GORMARIUNDER MORIGAON POLICESTATION IN THE DISTRICT OFMORIGAON ASSAM INFORMAN Advocate for the Petitioner : MR. U CHOUDHURY, Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 SHRI MITHUN BANGTHAI SON OF JANGBO BAGTHAIRESIDENT OF VILLAGE-GARMARIUNDER MORIGAON POLICESTATION IN THE DISTRICT OF MORIGAON ASSAM VERSUS THE STATE OF ASSAMPP ASSAM 2:SMTI SANGITA BANGTAHI WIFE OF LATE RASHEN BANGTHAI RESIDENT OF GORMARIUNDER MORIGAON POLICESTATION IN THE DISTRICT OFMORIGAON ASSAM INFORMANT ------------ Page No.# 2/2 Advocate for : UJJAL CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 29.04.2026 (M. Zothankhuma, J) This is an application for condoning the delay of 172 days in preferring the appeal against the impugned judgment and order dated 17.07.2025 passed by the Court of the Additional Sessions Judge-cum-Special Judge (POCSO), Morigaon in POCSO Case No.92/2024, by which the applicant has been convicted under Section 6 of the POCSO Act. Ms. B. Bhuyan, learned Additional Public Prosecutor submits that he has got no objection to the delay being condoned. She also submits that notice has been served upon the respondent no.2 as per the letter dated 22.04.2026 issued by the S.I. Rudra Bh. Suman of the Morigaon Police Station, which states that notice has been served upon the respondent no.2. Accordingly notice is served upon the respondent no.2. However, no one appears for the respondent no.2. On considering the grounds of delay, we find that sufficient cause for the delay has been made out. Accordingly, the delay of 172 days is condoned. Registry to register the connected appeal and list the same. The I.A. is accordingly allowed and disposed of. JUDGE JUDGE Comparing Assistant