Page No.# 1/2 GAHC030003252025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/19/2025 Sh. Ramdinsanga Ramthar Tlang veng, Aizawl VERSUS The State of Mizoram and Anr. Aizawl Advocate for the Petitioner : Mr. Lalbiaknunga Hnamte Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 30-05-2025 Heard Mr. Lalbiaknunga Hnamte, learned counsel for the applicant/appellant, who has filed the instant application under Section 5 of the Limitation Act for condoning the delay of 38 days in preferring the connected appeal against the Judgment & Order dated 11.02.2025 and Sentence Order dated 17.02.2025 in Session Case No. 123/2023 under Section 8 of the POCSO Act r/w Section 354/354A(2) IPC, wherein the appellant was convicted to undergo Rigorous Imprisonment for a period of 3 years and pay a fine of Rs. 50,000/-, i.d. to undergo S.I for one week, on his conviction under Section 8 of the POCSO Act and on his conviction under Section 354 IPC, he was also sentenced to undergo Rigorous Imprisonment for 1 (one) year with a fine of Rs. Page No.# 2/2 5000/-, i.d. S.I for 1 (one) week. The learned counsel submits that the delay of 38 days was not due to any negligence or laches on the part of the applicant, but was due to the fact that once he was sent to Central Jail on his conviction, time was taken for obtaining a copy of the judgment and order and also to contact a counsel to file the instant appeal. Issue notice. Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor accepts notice on behalf of the State respondents and submits that she will not be filing any written objection. On considering the submission made by the learned counsel for the applicant/appellant, this Court finds that the reason for the delay of 38 days in filing the connected appeal against the Judgment & Order dated 11.02.2025 and the Sentence Order dated 17.02.2025 passed by the learned Special Judge, POCSO Act in SC No. 123/2023 under Section 8 of the ND&PS Act r/w Section 354/354A(2) IPC was not due to any laches or negligence on the part of the applicant. Accordingly, the delay of 38 days is condoned and accordingly I.A.(Crl.) No. 19/2025 stands allowed and disposed of. JUDGE Comparing Assistant