Page No.# 1/3 GAHC020004952025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/20/2025 SHRI NAKIB AHMED S/O LATE SAHAB UDDIN AHMED, PERMANENT R/O RONGAGORA VILLAGE, DISTRICT- GOLAGHAT, ASSAM, PRESENT R/O VISHIYE VILLAGE, DIMAPUR NAGALAND VERSUS STATE OF NAGALAND AND ANR NAGALAND KOHIMA 2:SHRI MD. SAFIR UDDIN S/O LATE HORJUT ALI COMPLAINANT/INFORMANT PRESENTLY RESIDING AT LOHAJAN ASSA Advocate for the Petitioner : JOSHUA SHEQI, Advocate for the Respondent : P.P, NAGALAND, Linked Case : CRL.A(J)/3/2025 SHRI NAKIB AHMED S/O LATE SAHAB UDDIN AHMED PERMANENT R/O RONGAGORA VILLAGE DISTRICT- GOLAGHAT ASSAM Page No.# 2/3 PRESENT R/O VISHIYE VILLAGE DIMAPUR NAGALAND VERSUS STATE OF NAGALAND AND ANR NAGALAND KOHIMA 2:SHRI MD. SAFIR UDDIN S/O LATE HORJUT ALI COMPLAINANT/INFORMANT PRESENTLY RESIDING AT LOHAJAN ASSAM ------------ Advocate for : JOSHUA SHEQI Advocate for : P.P NAGALAND appearing for STATE OF NAGALAND AND ANR BEFORE HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI HON'BLE MR. JUSTICE ANJAN MONI KALITA O R D E R 29.10.2025 (S.K. Medhi, J) Heard Mr. Joshua Sheqi, learned counsel for the applicant. Also heard Mr. K. Angami, learned Public Prosecutor appearing for the State. The instant application has been filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 235 days in preferring the appeal against the Judgment dated 29.05.2024 passed by the Special Judge, POCSO, Dimapur, Nagaland. The learned counsel, by referring to the averments made in paragraph-14 has submitted that the delay has occasioned because of factors which were beyond the control of the applicant. He has also Page No.# 3/3 submitted that the applicant should not be deprived of an opportunity of having the appeal considered on merits. Mr. K. Angami has strenuously objected to the prayer for condonation of delay and has also referred to certain defects in filing the present application including the affidavit. Rival submissions have been duly considered. The settled law in the field of condonation of delay is that there should be a pragmatic and justice oriented approach. Moreover, the instant application has been filed in connection with a challenge to the Judgment dated 29.05.2024 passed by the Special Judge, POCSO, Dimapur, Nagaland, by which the applicant has been sentenced to undergo Rigorous Imprisonment. Considering the above, we are of the opinion that the appeal should be heard on merits for which we are inclined to condone the appeal. The delay accordingly stands condoned and the application stands allowed. The I.A. stands disposed of. JUDGE JUDGE Comparing Assistant