Page No.# 1/3 GAHC010235632025 2025:GAU-AS:16399 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1215/2025 SRI HITESH KAKATI S/O SRI DEBI RAM KAKATI, R/O VILL. DORAKAHARA, P.O. AND P.S. CHANGSARI, DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI NAMITA DEKA W/O PRAFULLA DEKA VILL. PANITEMA P.S. KAMALPUR DIST. KAMRUP ASSAM Advocate for the Petitioner : MR. A K BHUYAN, MR A TALUKDAR,MR. A KHOUND,MS. N CHOUDHURY Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 SRI HITESH KAKATI RO VILLAGE DORAKAHARA PO AND PS CHANGSARI DISTRICT KAMRUP ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:SRI NAMITA DEKA RO VILLAGE PANITEMA PS KAMALPUR DISTRICT KAMRUP ASSAM ------------ Advocate for : NIRMALA CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 01.12.2025 Heard Ms. N. Choudhury, learned counsel for the applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State/respondent No.1. The present application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 42 days in preferring the connected appeal against the judgment and order dated 09.07.2025 passed by the learned Additional Sessions Judge (FTC), Rangia, Assam, in Sessions Case No. 22/2019, wherein the applicant/appellant was convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for 10(ten) years with a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for one month. He was also convicted under Section 506 IPC and sentenced to undergo simple imprisonment for 1(one) year, both the sentences to run concurrently. Page No.# 3/3 Ms. Choudhury, learned counsel for the applicant submits that the delay occurred in filing the connected appeal is not intentional. She further submits that grounds of delay has been explained in the petition. Mr. Baishya, learned Additional Public Prosecutor for the State has no objection if the delay is condoned. I have considered the submissions made by the learned counsel for the parties. The quantum of delay and that it is in a criminal appeal against conviction under Section 376/506 IPC. Considering all, the delay of 42 days is condoned. The Registry is directed to register the connected appeal and list it in admission column. With the above observation, I/A stands disposed of. JUDGE Comparing Assistant