SADDAM HUSSAIN v. STATE OF MEGHALAYA
Court: High Court of Meghalaya
Bench: HON'BLE MR. JUSTICE W. DIENGDOH,HON'BLE MR. JUSTICE B. BHATTACHARJEE
Judgment date:
Case summary
High Court of Meghalaya judgment dated 2024-12-17. SADDAM HUSSAIN v. STATE OF MEGHALAYA. Read the judgment and case details on LawSphereX.
Judgment text
Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl. M. C. No. 135 of 2024 Date of Order: 17. 12. 2024 Shri. Saddam Hussain, Son of Shri. Abul Jolil Sheikh, Resident of Pushkunipara, Phulbari, P. O: Phulbari, P. S. Phulbari, District: West Garo Hills, Meghalaya Presently lodged in District Prison & Correctional Home, Tura. ::::: Applicant -Vs- State of Meghalaya Through Public Prosecutor ::::: Op/Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Mr. S. D. Upadhaya, Adv. For the Respondent(s) : Mr. R. Gurung, GA. i) Whether approved for reporting in Yes/No Law journals etc. : ii) Whether approved for publication in press: Yes/No ORAL: 1. Mr. S. D. Upadhaya, learned counsel for the applicant has submitted that the applicant being aggrieved by the impugned judgment dated 08. 05.
2023 passed by the learned Special Judge (POCSO), West Garo Hills, Tura in Special (POCSO) Case No. 14 of 2018 and the following sentence dated 09. 05. 2023 has now approach this Court with an application against such judgment and sentence. 2. However, since the applicant is an illiterate person coming from a poor background, not having the means to engage a counsel at the relevant point of time, as such, a delay of 525 days has occurred in filing the appeal, for which prayer for condonation of the same is made. 3. Mr. R. Gurung, learned GA appears on behalf of the State respondent. 4. This Court on consideration of the prayer made, taking into account the merits to be decided as far as the appeal is concerned, is inclined to allow the prayer made for condonation of the delay. Accordingly, this application is allowed and the delay of 525 days in filing the appeal is condoned. 5. Misc. Case stands disposed of. 6. Appeal is admitted. 7.
Registry is directed to diarize the appeal and list it after the vacation. 8. Let the Trial Court records be produced before this Court on the next date. The appellant is also directed to prepare the paper book within 4(four) weeks. (B. Bhattacharjee) (W. Diengdoh) Judge Judge Signature Not Verified 3 Digitally signed by DARIKORDOR NARY Date: 2024. 12. 17 17:51:34 IST
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