Page No.# 1/3 GAHC010097872025 2026:GAU-AS:3679 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/494/2025 AJAY ROBIDAS @ AJAY ROBI DAS S/O. LT. HORU ROBI DAS, R/O. ATTABARI 1 NO LINE, P/S. DEMOW, DISTRICT SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:RAJ KUMAR MIRDHA S/O. SRI. KULA MIRDHA R/O. ATTABARI 1 NO. LINE P/S. DEMOW DISTRICT SIVASAGAR ASSAM PIN-785662 Advocate for the Petitioner : MS S MEDHI, MS. M K BROWN, (AMICUS CURIAE TO ASSIST THE COURT) Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE TO ASSIST THE COURT BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13-03-2026 Page No.# 2/3 Heard Ms. S. Medhi, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Addl. PP appearing on behalf of the State Respondent and Ms. M.K. Brown, the learned Amicus Curiae appearing for respondent no. 2. 2. This is an application u/s 5 of the Limitation Act for condoning the delay of 1041 days in preferring the connected appeal against the order of conviction passed in Special (POCSO) Case No. 25/2018 by learned Addl. Sessions Judge- cum- Special Judge (POCSO), Sivasagar. 3. It is submitted by Ms. Medhi that as the case has been filed from the jail, the appellant could not make any contact with the Legal Aid Service Authority of the High Court and somehow with the help of the Superintendent, matter was referred to the Legal Aid Service Authority of the High Court and accordingly she has been engaged by a Legal Aid Counsel and thus there is a delay of 1041 days. However, there was no intentional laches on the part of the appellant in preferring the appeal. 4. Mr. Sharma, the learned Addl. PP raised no objection in condoning the delay and in the same time Ms. M.K. Brown, the learned Amicus Curiae appearing for respondent no. 2 also did not raise any objection in condoning the delay. 5. In view of this and also for the ends of justice, the present Interlocutory Application for condoning the delay of 1041 days in preferring the appeal is hereby allowed considering the grounds mentioned in the petition is the justified grounds. 6. Registry will do the needful in registering the connected appeal and matter may be listed after registering and numbering. Page No.# 3/3 7. The Registry is also hereby directed to reflect the name of Ms. M.K. Brown as an Amicus Curiae at the time of registering the appeal. 8. With the above observations, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant