Page No.# 1/3 GAHC010055552025 2025:GAU-AS:8929-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/713/2025 SANJAY KARMAKAR @ SAUDO S/O SYAM KARMAKAR, R/O VILL. AKLEND, SANTIPUR, P/S. JONAI, DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:PABAN MUNDA S/O. LT. BUDHULAL MUNDA R/O. VILL. AKLEND SANTIPUR P/S. JONAI DIST DHEMAJI ASSA Advocate for the Petitioner : MR. B HALDAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 14.07.2025 [Manish Choudhury, J] Page No.# 2/3 Heard Mr. B. Haldar, learned counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party-respondent no. 1, State of Assam. 2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 133 days, which have occurred in filing the accompanying criminal appeal under Section 415[1] of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023. 3. The applicant as the appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 30.08.2024 passed by the Court of learned Special Judge [POCSO], Dhemaji in Special [POCSO] Case no. 14/2024. By the Judgment and Order dated 30.08.2024, the applicant-appellant has been convicted for the offence of penetrative sexual assault under Section 3 of Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced under Section 4 of the POCSO Act to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for further six months. Though the applicant- appellant has been convicted under Section 376[1], Indian Penal Code [IPC], he has not been sentenced under the said section in view of Section 4 of the POCSO Act. 4. We have gone through the statements and averments made in the instant interlocutory application, more particularly, Paragraph 5 thereof. 5. It is noticed that after the Judgment and Order of conviction and sentence dated 30.08.2024, the Jail Authorities had forwarded the application of the petitioner for preferring an appeal to the District Legal Services Authority [DLSA], Dhemaji on 27.10.2024. The DLSA, Dhemaji had thereafter, forwarded the application of the applicant-appellant to prefer an appeal to the Assam State Legal Services Authority [ASLSA], Guwahati, Assam on 11.12.2024. 6. Having gone through the explanation provided in the application regarding the period Page No.# 3/3 of delay in filing the connected appeal, we are of the considered view that the applicant- appellant has been able to explain the period of delay of 133 days showing sufficient cause. Moreover, as the applicant-appellant has been sentenced to undergo rigorous imprisonment for twenty years, interest of justice will be better subserved if the appeal is heard on merits leaving aside the technical aspects as regards the delay. 7. Ms. Bhuyan, learned Senior Counsel & Additional Public Prosecutor has submitted that since the period of sentence is twenty years, the appeal can be heard on merits after service of notice upon the opposite party-respondent no. 2/informant. 8. We are of the considered view that service of notice upon the opposite party- respondent no. 2/informant can be dispensed with at this stage, as the matter of delay is an aspect which is to be considered by the Court on the backdrop of explanation provided for the delay. In any view of the matter, the accompanying criminal appeal, if admitted, is to be heard on merits only after ensuring service of notice upon the victim/informant/guardian/support person. 9. In view of the above discussion, the instant application seeking condonation of delay of 133 days in filing the accompanying criminal appeal is allowed. 10. The Registry to register the criminal appeal and thereafter to list the appeal for admission. JUDGE JUDGE Comparing Assistant