Page No.# 1/2 GAHC010195162026 2026:GAU-AS:13734 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/944/2026 AC 8137 SRI AKASH NAYAK @ PABAN SON OF LAL NAYAK, RESIDENT OF - BOKAKHAT EKARAJAN TEA ESTATE, POLICE STATION- BOKAKHAT, POST OFFICE- BOKAKHAT, DISTRICT- GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI BISWAJIT KARMAKAR SON OF LATE CHANDRAKANTA KARMAKAR RESIDENT OF- BOKAKHAT EKARAJAN TEA ESTATE POLICE STATION-BOKAKHAT POST OFFICE-BOKAKHAT DISTRICT- GOLAGHAT, ASSAM Advocate for the Petitioner : MS. B SARMA, Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 16.09.2026 Heard Ms. B. Sarma, learned legal aid counsel for the applicant and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1. Page No.# 2/2 2. This application under Section 5 of the Limitation Act is preferred by the applicant for condonation of delay of 7 days in preferring connected criminal appeal from jail. 3. The learned legal aid counsel for the applicant submits that vide judgment and order dated 30.06.2026, the learned Special Judge, POCSO, Golaghat, in Special POCSO Case No.76/2022, convicted the applicant to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs.15,000/- with default stipulation simple imprisonment for 2 months under Section 10 of the POCSO Act, 2012. 4. Ms. Sarma, learned counsel for the applicant submits that she has been engaged as legal aid counsel in this matter by the Secretary, Gauhati High Court Legal Services Committee on 27.08.2026 and in preparing the connected appeal and the present application, she took sometime and filed the present application on 07.09.2026 and that the delay is not intentional, rather it is circumstantial and therefore, she has contended to allow this application. 5. Mr. Borthakur, learned Addl. P.P. submits that he has no objection in the event of condonation of delay of 7 days in preferring the connected appeal. 6. Accordingly, taking note of the submission of learned counsel for both the parties and also in view of the explanation forthcoming for the delay, this Court is of the view that the delay is sufficiently explained and accordingly, the same stands condoned. 7. I.A. stands disposed of. 8. Now the Registry will register and number the connected appeal and list the same before the Court as soon as practicable. Comparing Assistant Sd/- Robin Phukan JUDGE