Page No. 1/3 GAHC010130362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/637/2025 DIPAN GHOSH @ DIPON GHOSH S/O. LT. PUTUL GHOSH, R/O. KANAIBAZAR, P/S. PATHARKANDI, DIST. SRIBHUMI VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:SWAPNA DAS W/O. NIBARAN DAS VILL. KANAI BAZAR P/S. PATHARKANDI DIST. SRIBHUM Advocate for the Petitioner : MR. M A CHOUDHURY, MISS. P M AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 18.06.2025 [Manish Choudhury, J.] Heard Ms. P.M. Ahmed, learned counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. Page No. 2/3 2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of one day, which has occurred in preferring the accompanying criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 4941/2025 [Filing Number] against a Judgment and Order dated 26.03.2025 passed by the Court of learned Additional Sessions Judge [FTC], Sribhumi in Sessions Case no. 32/2016. By the said Judgment and Order dated 26.03.2025, the applicant- appellant has been convicted for the offences under Section 376, Indian Penal Code [IPC] and Section 6 of the Protection of Children from Sexual Offences [POCSO] Act. The applicant- appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, with default stipulation, under Section 376, IPC. The applicant-appellant has also been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 20,000/-, with default stipulation, under Section 6 POCSO Act. 4. We have gone through the statements and averments made in the instant application. 5. Ms. Bora, learned Additional Public Prosecutor appearing for the State has submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for twenty years, the interest of justice would be better sub-served if the accompanying criminal appeal is heard on merits by condoning the delay in preferring the accompanying appeal, after effecting service of notice upon the opposite party no. 2-informant. 6. 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 make out a prima facie case showing sufficient cause for condonation of delay of one day in preferring the accompanying criminal appeal. 7. We are also of the considered view that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for twenty years, interest of justice will be Page No. 3/3 better sub-served if the connected appeal is heard expeditiously on merits after condoning the period of delay. 8. The instant application is allowed condoning the delay of one day in preferring the connected appeal. 9. Issuance of notice to the opposite party no. 2-informant is dispensed with at this stage as the opposite party no. 2-informant will be heard when the accompanying criminal appeal is heard on merits, after ensuring service of notice. 10. The Registry to register the accompanying appeal and thereafter, to list the same in the admission column. JUDGE JUDGE Comparing Assistant