Soib Ali v. The State of Assam and Anr

ORDER Date : 16.09.2024

Heard Mr. S. Roy, learned counsel for the applicant. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 5 of the Limitation Act for condonation of delay of 263 days in preferring the connected criminal appeal which has been preferred against the judgment and order dated 30.05.2023, passed by the learned Special Judge(POCSO), Karbi Anglong, Diphu, in POCSO Case No. 06/2023.

It is submitted by Mr. Roy, learned counsel for the applicant, that the accused belongs to a very poor family and due to financial hardship, his wife could not arrange to prefer the appeal within the statutory period of limitation, but there is no negligence or laches on the part of the applicant, who is still inside the jail. Accordingly, he prayed to allow the present application and to condone the delay of 263 days in preferring the appeal.

Ms. A. Begum, learned Additional Public Prosecutor, raised no objection in that regard.

After considering the submissions made by the learned counsel for the applicant and also considering the grounds mentioned in the application, which Page No.# 3/3 is considered to be a genuine ground, as well as for the ends of justice, the present interlocutory application for condonation of delay is hereby allowed and the delay of 263 days in preferring the connected appeal stands condoned.

Registry to register the connected appeal and list the same for Admission after the Puja Vacation.

The interlocutory application stands disposed of in terms above. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010082452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/514/2024o SOIBoALIo S/OoLATEoHAIDERoALI,o VILL.-oKALIRAMoBASTI,oP.O.-oKHATKHATI,oP.S.-oKHATKHATI,oDIST.-oKARBIo ANGLONG,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDoANR.o TOoBEoREP.oBYoP.P.,oASSAM. 2:MINARAoBEGUM oW/OoABDULoJALIL o VILL.-oTINIoALIoBAMUNoGAON oWARDoNO.o10 oP.S.-oLANKA oDIST.-oHOJAI oASSAM oPINo AdvocateoforotheoPetitionerooooo:oMR.oMoHoLASKAR,oMR.oSoROYo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA