Page No.# 1/3 GAHC040010132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/72/2024 Ritu Kumar Wife of Shri Surender Kumar, present address B-003 New Type V Quarters, AIIMS Jodhpur, Basni Industrial Area II, Jodhpur, Rajasthan 342005 permanent address H.No. 423, Urban Estate II, Hisar, Haryana 125001 VERSUS Chitung Reishang and 2 Ors Son of Late Chitung Reishang, resident of Thotchanram, PS Chandel, Chandel District Manipur 2:The State of Arunachal Pradesh Age: 0 Occupation : represented by the Secretary (Home) Govt of Arunachal Pradesh 7:The Director General Assam Rifles Age: 0 Occupation : Laitkor East Khasi Hills District Meghalaya 79301 Advocate for the Petitioner : N Khera, N Khera Advocate for the Respondent : P P of AP, Kago Taja,N. Biren,GA (AP) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 24-02-2025 Heard Mr. N. Khera, learned counsel for the applicant. Also heard Mr. K. Taja, learned counsel for the respondent. 2. This is an application filed under Section 5 of the Limitation Act, 1963, for condonation of delay of 195 (One Hundred and Ninety Five) days in filing the connected appeal against the judgment dated 06.12.2023, passed by the Special Judge (POCSO), Khonsa Division, Tirap District, Arunachal Pradesh in KSA/SC (POCSO) Case No. 04/2022, arising out of Changlang P.S. Case No. 19/2022, whereby, the accused person in the above case has been acquitted for offence under Section 354-A IPC, read with Section 10 of the POCSO, Act. 3. The ground for delay in filing the connected appeal has been explained in paragraph Nos. 4, 5 & 6 of the Interlocutory Application. 4. The learned counsel for the applicant further submits that the husband of the applicant being in the Assam Rifles was posted from Changlang District to Ambala in Haryana on June, 2022 and thereafter, in the month of November, 2023, he was posted to Jodhpur, Rajasthan, where he is still serving and due to such posting of her husband, the applicant being his wife, accompanied him and they have no knowledge about the disposal of the case on 06.12.2023. They came to know about the disposal of the case only in the month of March, 2024, whereafter, they obtained certified copy of the judgment and filed the connected appeal and in the process, there has been delay of 195 days. 5. Mr. Taja, learned counsel for the respondent, although did not file any written Page No.# 3/3 objection, has raised objection and submits that the applicant/appellant knew it very well and deliberately did not file the connected appeal on time. Therefore, prays for dismissal of this application. 6. Having heard both the learned counsels for the parties and on perusal of the grounds stated in paragraph Nos. 4, 5 & 6 of the Interlocutory Application, this Court is satisfied that the grounds stated by the applicant are genuine and has satisfied this Court that she had sufficient cause for not preferring the connected appeal within the stipulated time. 7. Accordingly, this application for condonation of delay of 195 (One Hundred and Ninety Five) days in filing the connected appeal against the judgment dated 06.12.2023, passed by the Special Judge (POCSO), Khonsa Division, Tirap District, Arunachal Pradesh in KSA/SC (POCSO) Case No. 04/2022, arising out of Changlang P.S. Case No. 19/2022 is, hereby, condoned. 8. With the above observation, this interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant