Page No.# 1/3 GAHC010136462025 2025:GAU-AS:8930-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/719/2025 SADEK ALI S/O. LT. HUTU SHEIKH, R/O. VILL.- TULSIBARI, P/S. RANGIA, DIST. KAMRUP, ASSAM, PIN-781376. VERSUS THE STATE OF ASSAMAND ANR. REP. BY THE PP, ASSAM. 2:ASMINA BEGUM D/O. MD. MUSLIM ALI W/O. MD. SAFIKUL ISLAM R/O. VILL. TULSIBARI P/S. TULSIBARI R/S. RANGIA DIST. KAMRUP ASSAM PIN-781376 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 14.07.2025 Page No.# 2/3 [Manish Choudhury, J] Heard Ms. F. Intaz, learned 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 application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 124 days, which have occurred in filing the accompanying criminal appeal under Section 415[1] of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023. 3. The applicant as the appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 17.12.2024 passed by the Court of learned Additional Sessions Judge [FTC], Rangia, Kamrup in Sessions Case no. 11 of 2023. By the Judgment and Order dated 17.12.2024, the applicant-appellant has been convicted for the offence under Section 376[2][n], Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for thirteen years and to pay a fine of Rs. 5,000/-, with default stipulation. 4. We have gone through the statements and averments made in the instant interlocutory application, more particularly, Paragraph 3 thereof. 5. Having gone through the explanation provided in the application regarding the period of delay in filing the appeal, we are of the considered view that the applicant-appellant has been able to explain the period of delay of 124 days showing sufficient cause. Moreover, as the applicant has been sentenced to undergo rigorous imprisonment for thirteen years, interest of justice will be better subserved if the appeal is heard on merits leaving aside the technical aspects as regards the delay. 6. Ms. Bhuyan, learned Senior Counsel & Additional Public Prosecutor has submitted that since the period of sentence is thirteen years, the appeal can be heard on merits. 7. The instant application seeking condonation of delay of 124 days in filing the Page No.# 3/3 accompanying criminal appeal is, therefore, allowed. 8. The Registry to register the criminal appeal and thereafter to list the appeal for admission. JUDGE JUDGE Comparing Assistant