Page No.# 1/4 GAHC010110212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/538/2025 RAMJAN ALI @ MOHAMMED ALI S/O. LT. IMAN ALI, R/O. VILL.- TITATOLA W/NO. 3, P/S. LAHARIGHAT, DIST. MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:TARA BANU W/O. HUSSAIN ALI R/O. VILL. TITATOLA W/NO. 3 P/S. LAHARIGHAT DIST. MORIGAON ASSAM Advocate for the Petitioner : MS N SULTANA, Q. KIBA,MS. S K NARGIS Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 MD RAMJAN ALI ALIAS MOHAMMED ALI W/O- HUSSAIN ALI R/O- VILLAGE TITATOLA W/NO 3 P.S LAHARLGHAT DISTRICT MORIGAON ASSAM Page No.# 2/4 VERSUS THE STATE OF ASSAM ORS REP BY THE PP ASSAM 2:Tara Banu W/O- HUSSAIN ALI R/O- VILLAGE TITATOLA W/NO 3 P.S LAHARLGHAT DISTRICT MORIGAON ASSAM. ------------ Advocate for : NAZMIN SULTANA Advocate for : appearing for THE STATE OF ASSAM ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 28.05.2025 [M. Choudhury, J] Heard Ms. S.K. Nargis, learned Legal Aid Counsel for the applicant-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. 2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of two days in preferring the connected criminal appeal from jail. The connected criminal appeal has been preferred against a Judgment and Order dated 04.12.2024 passed by the Court of learned Additional Sessions Judge – cum – Special Judge [POCSO], Morigaon [‘the trial court’, for short] in POCSO Case no. 232/2023. By the Judgment and Order dated 04.12.2024, the learned trial court has convicted the Page No.# 3/4 applicant-appellant under Section 376AB and under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42, POCSO Act, the applicant- appellant has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for another six months under Section 6 of the POCSO Act. 3. We have gone through the statements and averments made in the instant interlocutory application. 4. Ms. A. Begum, learned Additional Public Prosecutor has fairly submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for 20 [twenty] years, the interest of justice would be better sub-served if the connected appeal is heard on merits after effecting service of notice on the opposite party-respondent no. 2. 5. On having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay of two days showing sufficient cause. 6. We are also of the considered view that since the applicant-appellant has been convicted both under Section 376AB and under Section 6, POCSO Act and sentenced to undergo rigorous imprisonment for 20 [twenty] years under Section 6 of the POCSO Act, interest of justice will be better sub-served if the connected appeal is heard on merits expeditiously after condoning the period of delay of two days. The issuance of notice to the opposite party-respondent no. 2 is dispensed with at this stage as at the stage of hearing the connected criminal appeal, service of notice upon the opposite party-respondent no. 2 is to be ensured and the opposite party-respondent no. 2 would be heard, if the opposite party- respondent no. 2 enters appearance after service of notice. 7. For the afore-said reasons, the instant application is allowed condoning the delay of two days in preferring the connected appeal. Page No.# 4/4 8. The Registry to register the connected appeal and thereafter, list the same in the admission column. JUDGE JUDGE Comparing Assistant