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2025 DAILYLAW 17616 (GAU)

KANAILAL GOALA v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/854/2024 · 2025-09-23

Shamima Jahan

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010180502024 2025:GAU-AS:13199 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/854/2024 KANAILAL GOALA S/O. LT. BRAJANATH GOALA BASTI, P/S. SILCHAR, DIST. CACHAR, PIN- 788010, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMT. ROMITHA SINGHA W/O. LT. DILIP SINGHA R/O. MADHUTILA NEAR NIT CAMPUS CACHAR SILCHAR P/S. SILCHAR DIST. CACHAR PIN-78811 Advocate for the Petitioner : MR V K BAROOAH, MR. K K DEY Advocate for the Respondent : PP, ASSAM, Linked Case : KANAILAL GOALA VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR G ------------ Advocate for : MR V K BAROOAH Advocate for : appearing for THE STATE OF ASSAM AND ANR G BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.09.2025 This is an application filed under Section 5 of the Indian Limitation Act, 1963 for condoning the delay of 95 days in filing the related appeal challenging the Judgment & Order dated 19.03.2024 passed by the learned Assistant Sessions Judge – 1, Cachar, Silchar in Sessions Case No. 47/2021. By the said Judgment and Order dated 19.03.2024, the appellant/applicant was convicted under Section 376 IPC and was sentenced to undergo Rigorous Imprisonment for 8 years with a fine of Rs. 10,000/- and in default of the payment of fine, the applicant was further directed to undergo R.I for another period of 6 months. The applicant in the said I.A has narrated the grounds of delay more specifically in paragraph No. 7. The applicant states that he was the sole bread earner of the family and that his wife had to run from pillar to post to earn Page No.# 3/3 livelihood for her family and that she could not apply her mind in the case. The applicant further states that his wife consulted an advocate at Silchar who advised her to file an appeal before the Hon’ble High Court. As such, the said counsel contacted her and the documents were furnished to him on 10.08.2024 and the related appeal was prepared and was finally filed, which however cause delay of 95 days. The said grounds of delay seems to be satisfactory and as such, this Court deems it fit that the delay of 95 days in filing the connected appeal may be condoned for the ends of justice. I.A is disposed of. The Registry may register the connected Criminal Appeal and list it for admission. JUDGE Comparing Assistant