Page No.# 1/3 GAHC010220082024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1069/2024 SABIN DAS S/O. UKUA DAS, R/O. OUZARIBORI, P/S. MORIGAON, DIST. MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM. 2:BABUL PATAR S/O. LATE LAKHI PATAR R/O. MANIPUR P/S. MORIGAON DIST. MORIGAON ASSAM PIN-782105 Advocate for the Petitioner : MR. N N B CHOUDHURY, Advocate for the Respondent : PP, ASSAM, Linked Case : SABIN DAS VERSUS THE STATE OF ASSAM AND ANR Page No.# 2/3 ------------ Advocate for : MR. N N B CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-06-2025 [M. Choudhury, J] Heard Mr. N.N.B. Choudhury, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. 2. As per office note dated 03.12.2024, service of notice upon the respondent no. 2 has been effected by the Officer In-Charge, Morigaon Police Station. 3. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of four days, which have occurred in preferring the accompanying criminal appeal against a Judgment and Order dated 22.07.2024 passed by the Court of learned Additional Sessions Judge- cum-Special Judge [POCSO], Morigaon in POCSO Case no. 7/2021. By the Judgment and Order dated 22.07.2024, the applicant-appellant has been convicted for the offence under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for three months. 4. We have gone through the statements and averments made in the instant application, more particularly, paragraph 7 thereof. Page No.# 3/3 5. Mr. Kaushik, learned Additional Public Prosecutor appearing for the State has fairly 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, which is hardly four days. 6. On 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 explain the period of delay of four days showing sufficient cause. 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 better sub-served if the connected appeal is heard on merits to sub-serve the interest of justice, notwithstanding the technical consideration of delay. 8. For the afore-said reasons, the instant application is allowed condoning the delay of four days in preferring the connected appeal. 9. The Registry to register the connected appeal and thereafter, to list the same in the admission column. JUDGE JUDGE Comparing Assistant