Page No.# 1/3 GAHC010164972026 2026:GAU-AS:14637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/932/2026 PUNA BORA SON OF LATE GOKUL BORA, RESIDENT OF KALMOUBARI, POLICE STATION- MIKIRBHETA, DISTRICT- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:DEBESWARI BORA W/O LATE NRIPEN BORAH R/O VILL- KALMOUBARI P.S.- MIKIRBHETA DIST- MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MS. D GHOSH (LEGAL AID COUNSEL), Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 PUNA BORA SON OF LATE GOKUL BORARESIDENT OF KALMOUBARIPOLICE STATION MIKIRBHETADISTRICT MORIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Page No.# 2/3 2:DEBESWARI BORA WIFE OF LATE NRIPEN BORAHRESIDENT OF VILLAGE KALMOUBARIPOLICE STATION MIKIRBHETADISTRICT MORIGAON ASSAMPIN 782106 ------------ Advocate for : MR SUNIL KUMAR CHAKMA Advocate for : appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 01.10.2026. Heard Ms. D. Ghosh, learned Legal Aid Counsel appearing for the applicant/accused. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State/respondent No.1. This is an application Section 5 of the Limitation Act, 1963, praying for condoning the delay of 160 days, in preferring the connected Criminal Appeal against the judgment and order dated 17.12.2025, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Morigaon, in POCSO Case No.44/2018. It is submitted by Ms. Ghosh, learned Legal Aid Counsel that this is a statutory appeal wherein the appeal has been preferred against the judgment and order dated 17.12.2025. However, earlier the Criminal Appeal was filed in the month of June, 2026 but subsequently the same had to be withdrawn as the case is to be registered as Criminal Appeal (J). The learned Legal Aid Counsel further submitted that there was a delay in instituting the connected appeal against the judgment and order dated 17.12.2025, due to non-receipt of all the documents Page No.# 3/3 and other relevant copies to file the same. She being a Legal Aid Counsel had earlier filed the appeal in the month of June, 2026 but subsequently as stated above, it had to be withdrawn and for all these, there is a delay of 160 days in preferring the connected Criminal Appeal. However, there are no latches or negligence neither on the part of the applicant/accused on the part of the appointed Legal Aid Counsel and due to some official communications only, there is a delay which may be condoned. Ms. Bora, the learned Addl. P.P., Assam raised no objection in this regard and submitted that the State has no objection if the delay of 160 days in preferring the connected Criminal Appeal is condoned, the same being the statutory appeal. Considering the submissions made by learned counsel for the parties and all aspects of the case and also for the ends of justice, the present Interlocutory Application is accordingly allowed by condoning the delay of 160 days in preferring the connected Criminal Appeal. The Registry is directed to register and number the connected Criminal Appeal and list the same accordingly, reflecting the name of Ms. D. Ghosh, learned Legal Aid Counsel for the accused appellant, in the cause list. This Interlocutory Application stands allowed and disposed of accordingly. JUDGE Comparing Assistant