Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/7/2026 Bengia Raghu Son of Shri Bengia Gebu, Nade Village, Sarli, PO Sarli, PS Koloriang, Krung Kumey District, Arunachal Pradesh. VERSUS The State of AP and Anr represented by the PP of AP 2:Miss X Age: 0 Occupation : Daughter of Shri Riya Takap Yarkum Village PO and PS Koloriang Kurung Kumey District Arunachal Pradesh Advocate for the Petitioner : Neelam Taje, Advocate for the Respondent : P P of AP,
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07-04-2026 (S. K. Medhi, J.) Heard Shri N. Taje, learned counsel for the applicant/appellant, who has filed this application for condonation of delay.
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2. Notice was issued in this case which was routed through the Office of the learned Public Prosecutor, Arunachal Pradesh as the offence involves the POCSO Act.
3. Perused the communication dated 07.03.2026 issued by the Officer- in-Charge, Koloriang, Police Station, as per which, the notice has been served upon the younger brother of the informant. However, the informant has not appeared.
4. Since, the conviction involves the POCSO Act as mentioned above, this Court accordingly, appoints Shri U. Bori, learned Amicus Curiae to appear on behalf of the respondent No.2.
5. Office is accordingly, directed to furnish all the relevant documents to Shri U. Bori, learned Amicus Curiae.
6. Shri U. Bori, learned Amicus Curiae has submitted that the contest would be made primarily on the merits of the appeal. The aforesaid aspect is also endorsed by Shri D. Loyi, learned Public Prosecutor, Arunachal Pradesh.
7. The law on condonation of delay is settled, wherein there is a requirement of a justice-oriented and pragmatic approach. We have also perused the grounds cited for condonation of delay.
8. Considering all the aspects, including the aspect that the appeal is against an order of conviction, we are inclined to condone the delay of
Page No.# 3/3 428 days, which we accordingly do.
9. Let the appeal be registered and listed for admission after a week.
10. Let the name of Shri U. Bori be reflected in the cause list as Amicus Curiae.
11. Interlocutory application is disposed of.
JUDGE JUDGE
JUDGE Comparing Assistant