Page No.# 1/3 GAHC010101032026 2026:GAU-AS:10532 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/541/2026 THE STATE OF ASSAM REP. BY THE PP, ASSAM VERSUS EJADUL HOQUE S/O. ABDUL BAKKI, VILL PANPARA, PS PATACHARKUCHI, DIST BAJALI, ASSAM Advocate for the Petitioner : MR. D P GOSWAMI, Advocate for the Respondent : J M BAISHYA, MR. U K DAS Linked Case : Crl.A../4335/2026 THE STATE OF ASSAM PP ASSAM GAUHATI HIGH COURT OLD BUILDING VERSUS EJADUL HOQUE VILL PANPARA PATACHARKUCHI PS PATACHARKUCHI DIST BAJALI ASSAM Page No.# 2/3 ------------ Advocate for : MR KANGKAN KUMAR DAS Advocate for : appearing for EJADUL HOQUE BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 30.07.2026 Heard Mr. D. P. Goswami, learned counsel for the appellant. Also heard Mr. J. M. Baishya, learned counsel for the respondent. 2. This Interlocutory Application has been preferred seeking condonation of delay of 188 days in preferring the connected appeal against the Order of Acquittal dated 14.05.2025 passed by the learned Special Judge, Bajali in Special POCSO Case No. 16/2023. 3. The reasons shown for the delay in preferring the appeal is reflected in the instant Interlocutory Application at paragraph 2 and paragraph 3, which reads as follows:- “2. That the humble petitioner begs to state that the instant judgment and order was passed the learned Court of Special Judge, Bajali, on 14.05.2025, the certified copy was received from the Home and Political Department was sent to the Office of the Public Prosecutor on 30.06.2025 vide ref Memo No. DWR/Crime/52/BJLI/2025/610 dated 03.06.2025 therefore forwarded the case records regarding appeal against the judgment in connection with Special (POCSO) Case No.16/2023 under Section 6 of the POCSO Act, r/w section 9/10 of Prohibition of Child Marriage act, 2006. Page No.# 3/3 3. Thereafter forwarded the case record to the learned Public Prosecutor on 30.06.2025, thereafter discussion was going on regarding the case and finally the records were disbursed by record room on 14.07.2025 and thereafter there were discussion till 22.08.2025 and finally the drafting was completed for filing appeal against the said judgment and order dated 14.05.2025 challenging the acquittal judgment and order.” 4. The learned counsel for the respondent has filed an objection, wherein it is stated that the applicant has failed to disclose proper and reasonable explanation with documentary proof for the delay. It is further stated that the applicant has also failed to explain any reasonable cause for the delay with effect from 23.08.2025 till filing of the appeal on 20.05.2026. 5. From the own statement of the applicant, it is seen that the discussion continued till 22.08.2025, thereby meaning that on the said date the decision to file the appeal was taken but there is no explanation as to what caused the further delay of another nearly 8 months in preferring the connected appeal. Therefore, far from showing sufficient cause, no cause has been shown for the aforesaid period of delay. 6. Moreover, on a perusal of the impugned Order of Acquittal dated 14.05.2025, I am of the view that no manifest justice would be caused if the delay is not condoned and the appeal is not heard. 7. Having regard to the above, the Court declines to condone the delay and accordingly, the Interlocutory Application stands dismissed. JUDGE Comparing Assistant