Page No.# 1/4 GAHC010064622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/313/2025 TOPAN DOLEY SON OF HARILOM DOLEY, RESIDENT OF DAINI CHAPORI GAON, P.S. DERGAON, DISTRICT GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GAUHATI HIGH COURT, ASSAM 2:ARUNA GOWALA WIFE OF SRI BUBUL GOWALA RESIDENT OF VILLAGE LEMCHAPANI AMGURI P.S. DERGAON PIN-78561 Advocate for the Petitioner : MRS. P B BORDOLOI, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 SRI TOPAN DOLEY SON OF HARILOM DOLE RESIDENT OF DAINI CHAPORI GAON P.S. DERGAON DISTRICT GOLAGHAT ASSAM Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR GAUHATI HIGH COURT ASSAM 2:SMTI ARUNA GOWALA WIFE OF SRI BUBUL GOWALA RESIDENT OF VILLAGE LEMCHAPANI AMGURI P.S. DERGAON PIN-785614. ------------ Advocate for : MRS. PURNIMA BARUAH BORDOLOI Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11.06.2025 [M. Choudhury, J] Heard Ms. P.B. Bordoloi, learned Legal Aid Counsel for the applicant-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. 2. As per the Order dated 27.05.2025 of the Lawazima Court, service of notice upon the respondent no. 2 is complete. 3. None has appeared on behalf of the opposite party-respondent no. 2/informant, despite service of notice, till date. 4. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 30 days in preferring the accompanying criminal appeal against a Judgment dated 18.12.2024 and an Order of Sentence dated 21.12.2024 passed by the Court of learned Special Judge [POCSO] at Golaghat in Special [POCSO] Case no. 43/2018. By the Judgment and the Order of Sentence, the applicant-appellant has been convicted for the Page No.# 3/4 offences under Section 307, Indian Penal Code [IPC], Section 376, IPC and under Section 4, Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42, POCSO Act, the applicant-appellant has been sentenced to undergo rigorous imprisonment of 15 [fifteen] years and to pay a fine of Rs. 25,000/-, with default stipulation, under Section 4, POCSO Act. For the offence under Section 307, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for 10 [ten] years and to pay a fine of Rs. 15,000/-, with default stipulation. 5. We have gone through the statements and averments made in the application, more particularly, Paragraph – 2 thereof. 6. Ms. A. Begum, learned Additional Public Prosecutor has fairly submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment of 15 [fifteen] years under Section 42, POCSO Act and undergo rigorous imprisonment for 10 [ten] years under Section 307 IPC, the interest of justice would be better sub-served if the connected appeal is heard on merits. Service of notice on the opposite party-respondent no. 2 has been duly effected upon the respondent no. 2. Yet, the respondent no. 2 has not entered appearance to submit any objection regarding delay. 7. Having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay of 30 days showing sufficient cause. 8. We are also of the considered view that since the applicant-appellant has been sentenced to undergo rigorous imprisonment of 15 [fifteen] years under Section 4, POCSO Act and rigorous imprisonment for 10 [ten] years under Section 307 IPC, interest of justice will be better sub-served if the accompanying criminal appeal is heard on merits after condoning the period of delay of thirty days. The opposite party-respondent no. 2 would be heard in the accompanying criminal appeal, if the opposite party-respondent no. 2 enters appearance after service of notice. Page No.# 4/4 9. For the afore-said reasons, the instant application is allowed condoning the delay of 30 days in preferring the accompanying criminal appeal. 10. The Registry to register the accompanying criminal appeal and thereafter, to list the same in the admission column. JUDGE JUDGE Comparing Assistant