Page No.# 1/10 GAHC010110212024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/537/2024 JOHURA KHATUN W/O LATE BADAL KHAN, VILL.- SHAWRACHARA PATHAR, P.O.- CHIKNI, P.S.- KALGACHIA, DIST.- BARPETA, ASSAM, PIN- 781321. VERSUS THE STATE OF ASSAM AND 29 ORS. REP. BY P.P. 2:HASEN ALI S/O AJMAT ALI VILL.- KHATARTARI P.S.- KALGACHIA DIST.- BARPETA ASSAM. 3:GAJIBAR RAHMAN S/O LT. SAIFUL ISLAM VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 4:ABUL KASHEM KHAN S/O LT. ALTAF KHANI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA Page No.# 2/10 DIST.- BARPETA ASSAM PIN- 781321. 5:MIRAJUL KHAN S/O ABDUL HAMID VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 6:ABDUL MAJID S/O MUSLIMUDDIN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 7:MOSLEM UDDIN S/O LT. MOFIZ UDDIN VILL.- SHAWRACHARA PATHAR P.O.- CHIKNI P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 8:MOTIAR RAHMAN S/O LT. ARHAN ALI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 9:MOBARAK HASEN S/O HABIBAR RAHMA VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM Page No.# 3/10 PIN- 781321. 10:JULHAS UDDIN S/O LT. MOFIZUDDIN SARKAR VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 11:JAHANARA KHANOM D/O KHAN MOMREJ VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 12:SAHIDUL ISLAM BHUYAN S/O NAYAN UDDIN BHUYANI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 13:ABUL KALAM AZAD BHUYAN S/O MOINUDDIN BHUYAN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 14:ABU TAHER BHUYAN S/O NAYAN UDDIN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 15:MUSTAFA BHUYAN Page No.# 4/10 S/O MILAN BHUYAN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 16:JAHANGIR ALOM S/O ABDUL HAMID VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 17:SIMA AHMED W/O JAHANGIR ALOM VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 18:SIRAJ KHAN S/O LATE ALTAF KHAN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 19:IBADAT KHAN S/O LT. AMZAL KHAN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 20:JAHADUL ISLAM BHUYAN S/O ATOWAR BHUYAN VILL.- SHAWRACHARA RESERVE Page No.# 5/10 P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 21:ABDUL HAMID S/O LT. MATLEBUDDIN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 22:TAIZUDDIN S/O HAJARAT ALI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 23:AFAZ UDDIN S/O FARHAD ALI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 24:ABU BAHAR ALI S/O ABJAL HUSSAIN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 25:RAMJAN ALI S/O LT. RAHIJUDDIN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM Page No.# 6/10 PIN- 781321. 26:YUSUF ALI S/O LT. RAHIJUDDIN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 27:SOMEJ KHAN @ SAMEJUDDIN S/O LT. BAREK KHAN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 28:AKHTAR KHAN S/O LT. KUDDUS KHAN VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 29:ALA UDDIN S/O LT. EKEN ALI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321. 30:MUSHARAF HUSSAIN S/O JABBAR ALI VILL.- SHAWRACHARA RESERVE P.S.- KALGACHIA DIST.- BARPETA ASSAM PIN- 781321 Advocate for the Petitioner : G UDDIN, MR. I HUSSAIN,P ADHIKARI,MR A K AZAD Page No.# 7/10 Advocate for the Respondent : PP, ASSAM, MR. A S TAPADER (R-3,5,6,7,8,13,14,16,18,19,23,29) Linked Case : JOHURA KHATUN VERSUS THE STATE OF ASSAM AND 29 ORS ------------ Advocate for : G UDDIN Advocate for : appearing for THE STATE OF ASSAM AND 29 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.02.2025 1. Heard Mr. G. Uddin, the learned counsel for the applicant. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor, appearing for the State of Assam as well as Mr. A. S. Tapadar, learned counsel for the Private Respondents. 2. This Interlocutory Application has been filed under Section 5 of the Limitation Act, 1963, seeking condonation of a 29-day delay in preferring a criminal appeal against the judgment and order dated 06.02.2024, passed by the learned Additional Sessions Judge, FTC, Barpeta, in Sessions Case No. Page No.# 8/10 106/2016, whereby the Trial Court acquitted all the accused persons (Respondent Nos. 2 to 30). 3. The learned counsel for the applicant has submitted that the present applicant as well as her deceased husband were the victims in the Kalgachia P. S. Case No. 32/2011 on the basis of which Sessions Case No. 106/2016 was registered. 4. It is further submitted by the learned counsel for the applicant that the applicant being victim has preferred the connected Criminal Appeal under Section 372 of Code of Criminal Procedure, 1973 impugning the aforesaid judgment, by which the private respondents were acquitted by the Trial Court. 5. However, as the Applicant is an aged lady of 72 years and she was suffering from various ailments as well as she was unable to arrange the counsel fee, some delay has been caused in preferring the connected appeal. 6. On the other hand, Mr. A. S. Tapadar, learned counsel for the Respondents No. 2 to 30 has submitted that the delay in filing the connected appeal is of 51 days and not 29 days as stated in the application for condoning the delay. 7. He has also submitted that the applicant has not furnished any medical document to support her contention regarding ailment and unless the ailment is of serious nature, it may not be considered to be sufficient reason for condoning the delay in preferring the connected appeal. 8. I have considered the submissions made by learned counsel for both the sides and have gone through the materials available on record. 9. This application for condoning the delay in preferring the connected appeal has been filed by one of the victims of the case, who is an old lady of 72 Page No.# 9/10 years of age. 10. The main ground of delay shown by her is illness from which she was suffering and inability to arrange the fee for the engaged counsel as well as collection of documents, which are required to file the connected appeal. 11. No supporting documents have been filed by the applicant. However, her averments made in the application for condoning the delay are supported by affidavit and no counter affidavit has been filed by the respondent side. 12. The “Sufficient cause” for the purpose of Section 5 of the Limitation Act, 1963 has to be assessed on the basis of materials on record and when the averments made in the petition for condoning the delay are supported by affidavit and same are not countered by any counter affidavit, the court may rely on the said averments. 13. Under the above mentioned circumstances, this Court is of considered opinion that while considering the prayer for condonation of delay in preferring the connected criminal appeal against acquittal, this Court should not take too technical view of the matter and the grounds pleaded by the applicant, i.e., her ailments and her financial constraints may be regarded as sufficient cause, which prevented her from preferring the connected appeal within the period of limitation prescribed by the statute. 14. This Court, therefore. condones the delay caused by the applicant in preferring the connected appeal and allow this Interlocutory Application. 15. Let the connected criminal appeal be registered and be listed for admission on a date to be fixed by Registry. Page No.# 10/10 16. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant