Bogom Peter Son of Shri Bogom Tago v. Rakhe Tayum and Anr Son of Shri Rakhe Teri
2025-01-24
MRIDUL KUMAR KALITA
body2025
DigiLaw.ai
ORDER : Heard Mr. J. Tsering, learned counsel for the appellant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. The learned counsel for the appellant has submitted that in this case, the convict is serving out his sentence and presently, detained in Hapoli Jail, Ziro, Lower Subansiri District and therefore, this appeal was filed by his brother. However, he submits that as there is no provision in the BNSS, 2023, except Section 435, where a relative can pursue the appeal, that too, only in the event of death of the appellant during the pendency of the appeal with leave of the Court, within 30 (thirty) days and therefore, he prays that he may be allowed to amend the Cause-title to make the convict as the appellant in this case. 3. The learned Additional Public Prosecutor, Mr. T. Ete, has also conceded to the prayer and submitted that though there is a practice in the Itanagar Bench of Gauhati High Court, for filing of appeals in case of a detained convict through their relatives, however, there is no such statutory provision for the same. He also submits that Section 415 Clause-1 and Clause-3, specifically provides that an appeal against conviction may be filed only by the convicted person. He also submits that on the death of the counsel for the appellant, that except apart from Section 435, there is no other statutory provision in the BNSS enabling the relative of a convict to take part in the appeal, that too, under the circumstance, as mentioned in the said statutory provision. 4. In view of the submissions made by the learned counsels for the parties, the prayer is allowed. 5. The appellant is allowed to file amended Cause-title within 28.01.2025. 6. Let this matter be listed again on 28.01.2025. 7. The Registry is directed to ensure that, henceforth, criminal appeals are filed in pursuance of the statutory provisions as contained in the BNSS, 2023.