Page No.# 1/2 GAHC010181522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/882/2025 MANAB JYOTI DAS S/O. BISHNURAM DAS, R/O. GABHORU ALI, NEAR NAMGHAR, DAKHIN DOLIJOLIA GAON, P/O. AND P/S. DERGAON, DIST. GOLAGHAT, ASSAM, PIN-785614. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R K SARMA, MS. A KHARBANI,MR T CHAKRABORTY,MR D CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 18.08.2025 Heard Mr. T. Chakraborty, learned counsel for the applicant-appellant and Mr. B. Sarma, learned Additional Public Prosecutor for the opposite party, State of Assam. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 30 days, which period of delay is stated to have occurred in filing the Page No.# 2/2 accompanying criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 against a Judgment and Order dated 14.05.2025 passed by the Court of learned Special Judge [POCSO], Golaghat in Special [POCSO] Case no. 55/2022. By the Judgment and Order dated 14.05.2025, the applicant-appellant has been convicted for the offences under Section 448 and Section 354A[2] of the Indian Penal Code [IPC]. For the offence under Section 448, IPC, the applicant-appellant has been sentenced to undergo simple imprisonment for six months. For the offence under Section 354A[2], IPC, the applicant-applicant has been sentenced to undergo rigorous imprisonment for two years and six months; and to pay a fine of Rs. 10,000/- with default stipulation. I have gone through the statements and averments made in the instant interlocutory application. Having gone through statements and averments made in this application regarding the period of delay in filing the connected appeal, this Court is of the considered view that the applicant- appellant has been able to explain the period of delay of 30 days showing sufficient cause. Accordingly, the instant application seeking condonation of delay of 30 days in filing the accompanying criminal appeal is allowed. The Registry to register the criminal appeal and thereafter to list the appeal for admission. JUDGE Comparing Assistant