Page No.# 1/3 GAHC010034922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/224/2025 in Crl.A.(J)/1446/2025 NARAHARI BARMAN S/O- SUKUMAR BARMAN, R/O. VILL- KALJAR, P.O. AND P.S- HOWLI, DIST.- BARPETA, ASSAM, PIN -781316. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM. 2:MUNTY BHATTACHARYA W/O.- BUDHADITYA BHATTACHARYA RESIDENT OF SRINAGAR GUWAHATI-5 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR R ISLAM, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM, MS. C CHOUDHURY(R-2),SAMRIDDHI SAIKIA(R- 2),MR. V A CHOWDHURY(R-2),MR. D K BAIDYA (R-2),MR. M S HUSSAIN(R-2),MR. R BARTHAKUR(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 25.04.2025 (SK Medhi, J.) Heard Shri AH Mollah, learned counsel appearing on instructions of Shri R Islam, learned Legal Aid Counsel. This application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 198 days in preferring the connected appeal. The appeal has been preferred against the judgment and order dated 07.06.2024 passed by the learned Addl. Sessions Judge-cum-Special Judge, POCSO, Kamrup (M), Guwahati in Sessions Special Case No. 100/2022 sentencing and convicting the accused appellant to undergo RI for (i) 5 years and to pay a fine of Rs. 1,000/-, in default of payment of fine, SI for 15 days for the offence under Section 10 of the POCSO Act, (ii) life and a fine of Rs. 1000/- only and in default of payment of fine a SI for a period of 15 days, (iii) 1 year for offence under Section 323 IPC. The sentences were directed to run concurrently. Notice in this application was issued on 12.03.2025. Ms. A Begum, learned Addl. PP, Assam has appeared for the State-respondent no.1, who submits that she would not have serious objection to the aspect of condonation of delay and would rather, oppose the appeal on merits. It is a settled position of law that a petition for condonation of delay has to be taken in a pragmatic and justice oriented manner. We have also perused the reasons cited for the delay which appears in paragraphs 3 and 4 of the application. That apart, the appeal itself is against an order of conviction and sentence and therefore, we are of the opinion that the delay is Page No.# 3/3 required to be condoned which we accordingly done. Interlocutory application accordingly stands allowed. Let the appeal be registered and listed for admission after a week. IA accordingly stands disposed. JUDGE JUDGE Comparing Assistant