56 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC (Crl.A) No.28 of 2025 Md.Fayajuddin … Applicant -Versus- State of Manipur … Respondent BEFORE HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA 13.11.2025 Heard Mr.Ajmal Hussain, learned counsel along with Ms.Basei Roja Shahni, learned counsel for the applicant and Mr.H.Samarjit, learned PP assisted by Mr.Phungyo Zinkhai, learned Government Advocate for the State respondent. By the present application, petitioner approached this court for condonation of delay of 935 days in filing the accompanying appeal against the conviction order dated and sentence order dated 23.9.2022 convicting the appellant under Section 10 of the POCSO Act and a separate order dated 23.9.2022 petitioner was awarded to undergo rigorous imprisonment for 6 years with fine of Rs.10 thousand in default and Simple Imprisonment for six months. In para 2 and 3 of the application the ground for delay has been explained. It is stated that the petitioner is the sole earning member and he does not have any relative except his wife and does not have any source of income as he is in custody and he could not engage any counsel for filing appeal and approached the Legal Aid Service for filing appeal. In the circumstance, delay of 935 days has been occurred in filing the accompanying appeal against the conviction and sentence passed by the learned Special Judge, POCSO, Thoubal. Mr.H.Samarjit, learned PP fairly submits that since the matter being filed through the High Court Legal Services Committee and in the facts narrated in the application, this Court may pass appropriate order. Perused the materials on record and considered the submissions made at the Bar. The averments in para 2 and 3 of the application has not been strongly refuted by the State respondent. In the circumstance, the delay in filing appeal is due to poor financial condition and having no other person to run for filing appeal is appropriate. In the circumstance, delay of 935 days in filing the accompanying appeal is condoned. The application is disposed of. Registry is directed to register the Appeal, if the same is in order and list accordingly. JUDGE Priyojit RAJKUMA R PRIYOJIT SINGH Digitally signed by RAJKUMAR PRIYOJIT SINGH Date: 2025.11.17 09:52:11 +05'30'