Jakir Ali Vs the State of Assam and Anr.

Heard Ms. N. Choudhury, learned Legal Aid Counsel for the applicantappellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

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The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of thirty-seven days in preferring the accompanying criminal appeal. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal [Jail] no. 9393/2024 [Filing Number] under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment and Order dated 26.06.2024 passed by the Court of learned Special Judge [POCSO], Tinsukia [‘the Special Court’, for short] in POCSO Case no. 60/2023. By the Judgment and Order dated 26.06.2024, the learned Special Court has found the applicant-appellant guilty for the offence under Section 6 of the Protection of Children from Sexual

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Offences [POCSO] Act, 2012 and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- with default stipulation.

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We have gone through the statements and averments made in this interlocutory application. It is noticed that after delivery of the Judgment and Order of conviction and sentence on 26.06.2024, the Secretary, District Legal Services Authority, Tinsukia forwarded the case papers to the Gauhati High Court Legal Service Committee on 12.07.2024 for extending free legal aid services to the applicant-appellant. Subsequently, the Legal Aid Counsel came to be appointed and finally, the accompanying criminal appeal and the instant interlocutory application for condonation of delay came to be filed on 06.11.2024. In the process, the period of delay of thirty-seven days had occurred.

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Mr. Kaushik, learned Additional Public Prosecutor for the opposite partyrespondent no. 1, State of Assam has fairly submitted that since the applicantappellant has been sentenced to undergo imprisonment for life, the interest of justice would be better sub-served if the connected appeal is heard on merits after appearance of opposite party-respondent no. 2.

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In spite of service of notice on opposite party-respondent no. 2, none has appeared to represent the opposite party-respondent no. 2 till date.

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On having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay of thirty-seven days showing sufficient cause.

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We are also of the considered view that the period of delay of thirtyseven days is not significant if the same is considered with the fact that the applicant-appellant has been sentenced to undergo imprisonment for life. We are, therefore, of the further considered view that the interest of justice would be better sub-served if the accompanying criminal appeal is heard on merits by condoning the delay of thirty-seven days. In view of the absence of opposite party-respondent no. 2 despite service of notice, it is observed that the further opportunity would be available to the opposite party-respondent no. 2 when the accompanying criminal appeal is heard on merits.

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As the applicant-appellant has been able to explain the period of delay showing sufficient cause, the instant application is allowed condoning the delay of thirty-seven days in preferring the accompanying appeal.

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The Registry to register the connected appeal and thereafter, list the same in the admission column.

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JUDGE JUDGE

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Comparing Assistant

Jakir Ali v. the State of Assam and Anr.

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Jakir Ali v. the State of Assam and Anr.

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