Page No.# 1/3 GAHC010119932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/601/2025 SADEK ALI S/O. SAHID ALI, R/O. VILL.- BASUGAON GOGALAPARA WARD NO. 4, P/S. AND P/O. BASUGAON, DIST. CHIRANG, PIN-783372, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:RANESH CHANGMA S/O. LT. KAN MARAK VILL.- GILAGURI P/O. BONGAIGAON P/S. AND DIST. BONGAIGAON ASSAM PIN-783383 Advocate for the Petitioner : MR. A K HANNAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09.06.2025 [M. Choudhury, J] Page No.# 2/3 1. Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam is present. 2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of three days in preferring the accompanying criminal appeal. The accompanying criminal appeal has been preferred under Section 415[2], Bharatiya Nagarik Suraksha Sanhita, 2023 against a Judgment and Order dated 29.03.2025 passed by the Court of learned Special Judge [POCSO], Chirang, Kajalgaon [‘the Special Court’, for short] in Special [POCSO] Case no. 46/2023. By the Judgment and Order dated 29.03.2025, the learned Special Court has convicted the applicant for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. The applicant has been sentenced to undergo rigorous imprisonment for life which mean imprisonment for the reminder of natural life. 3. Mr. Kaushik, learned Additional Public Prosecutor has submitted that since the applicant has been sentenced to undergo imprisonment for the reminder of natural life of the applicant, , the interest of justice would be better sub-served if the connected appeal is heard on merits, after service of notice upon the informant/victim. 4. Though the learned counsel for the applicant is found absent on call, we are of the considered view since the period of three days delay is inconsequential qua the sentence of imprisonment for the reminder of the natural life of the applicant, interest of justice will be better sub-served if the connected appeal is heard on merits after condoning the period of delay of three days. At the stage of hearing the connected criminal appeal, the opposite party no. 2 would be heard, if the opposite party-respondent no. 2 enters appearance after due service of notice. 5. For the afore-said reasons, the instant application is allowed condoning the delay of three days in preferring the connected appeal. 6. The Registry to register the connected appeal and thereafter, to list the same in the Page No.# 3/3 admission column. JUDGE JUDGE Comparing Assistant