Page No.# 1/3 GAHC010200302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/942/2024 LAKHI BORA S/O LATE BHADRA KANTA BORAH, VILLAGE BHURBANDHA HAHCHARA, PS MORIGAON, PO BHURBANDHA, DIST MORIGAON, ASSAM 782104 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SMTI JUNU MEDHI W/O SRI DIPAK MEDHI VILLAGE BHURBANDHA HAHCHARA PS MORIGAON PO BHURBANDHA DIST MORIGAON ASSAM 78210 Advocate for the Petitioner : MR V JAMMAR, MR W R MEDHI,MR. P JAIN Advocate for the Respondent : PP, ASSAM, MR. N BARUAH, AMICUS CURIAE, R2 Linked Case : LAKHI BORA VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR G ------------ Advocate for : MR V JAMMAR Advocate for : appearing for THE STATE OF ASSAM AND ANR G Linked Case : LAKHI BORA VERSUS THE STATE OF ASSAM AND ANR G ------------ Advocate for : MR V JAMMAR Advocate for : appearing for THE STATE OF ASSAM AND ANR G BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.02.2025 (S.K. Medhi, J) Heard Shri P. Jain, learned counsel for the applicant, who has filed this application for condonation of delay of 192 days in preferring the connected appeal against the judgment and order dated 12.01.2024 passed by the learned Special Judge, (POCSO), Morigaon in POCSO Case No. 21/2018 convicting the appellant under Section 6 of the POCSO Act, 2012 and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/- (Rupees Ten Thousand) Page No.# 3/3 and in default to undergo further rigorous imprisonment for 3 (three) months. Notice was issued on 01.10.2024 and subsequently, an Amicus was also appointed to appear on behalf of the respondent no.2. No objections have been filed. Shri Jain, the learned counsel, by referring to the averments made in the application, more specifically, those mentioned in paragraph nos. 4 and 5 has submitted that for reasons not within the control of the applicant, the delay has occasioned. Ms. Bora, the learned Addl. Public Prosecutor, Assam has submitted that she would not have serious objections to the aspect of condonation of delay. Apart from the settled position that in adjudicating a delay condonation petition, a pragmatic and justice oriented approach is to be taken, the present appeal is against a judgment and order of conviction and sentencing and therefore, we are of the opinion that the right to prefer an appeal should not be curtailed on technical grounds. Accordingly, on perusal of the grounds as well as taking into consideration the aforesaid facts and circumstances, we are of the opinion that the delay is required to be condoned which we accordingly do. The I.A. stands allowed. The connected appeal may accordingly be registered and listed for admission. JUDGE JUDGE Comparing Assistant