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2026 DAILYLAW 15173 (GAU)

SHRI ABDUL SALAM v. THE STATE OF NAGALAND AND ANR

I.A.(Crl.)/28/2026 · 2026-09-22

Devashis Baruah, Helen Dawngliani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020004782026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/28/2026 SHRI ABDUL SALAM S/O LATE ABDUL BAREK, PERMANENT RESIDENT OF EKRANIPATHAR, DIMAPUR, NAGALAND - 797112 VERSUS THE STATE OF NAGALAND AND ANR PUBLIC PROSECUTOR, NAGALAND 2:SHRI SHIV KUMAR PRASAD (FIR INFORMANT) S/O SHRI DAROGA PRASAD R/O PUDUM PUKHURI VILLAGE DIMAPUR NAGALAND - 79711 For the Applicant(s) : Mr. N. M. Konyak, Advocate For the Respondent(s) : Ms. S. Mere, P.P. Mr. Lelimthong P. Yimchunger, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH HONBLE MRS JUSTICE HELEN DAWNGLIANI ORDER Date : 23.09.2026 (D.Baruah, J.) This is an application filed seeking condonation of Page No.# 2/3 the delay of 521 days in preferring the accompanying Appeal against the judgment and order dated 14.11.2024 passed by the learned Special Judge, POCSO Act, Dimapur in G.R. Case No. 617/2022 arising out of Women P.S., Dimapur Case No. 015/2022 whereby the Appellant was convicted under Section 376AB of the IPC read with Sections 4/6 of the POCSO Act and sentenced to rigorous imprisonment for 20 years under Section 376AB of the IPC and to pay a fine of Rs. 10,000/- and in default thereof to undergo further simple imprisonment for three months; and sentenced to 10 years of rigorous imprisonment under Section 4 of the POCSO Act with fine of Rs.10,000/- in default of which to undergo 3 months of simple imprisonment and sentenced to 20 years of rigorous imprisonment under Section 6(l)(m) of the POCSO Act with fine of Rs.10,000/- in default of which to undergo three months of simple imprisonment. 2. We have duly perused the reasons assigned for the delay in preferring the accompanying Appeal. 3. We have also taken note of that the Appellant did not have the resources to prefer the Appeal and it is only on the basis of the Legal Aid Counsel, the Appeal Page No.# 3/3 could be filed. 4. Considering the above, we are of the opinion that this is a fit case for condoning the delay of 521 days in preferring the accompanying Appeal. 5. Accordingly, the delay of 521 days in preferring the accompanying Appeal is hereby condoned. 6. With the above observation, the I.A. stands allowed. J U D G E J U D G E Comparing Assistant