Allowed¶41

Sri Dilip Sarmah v. State of Assam and Anr.

Gauhati HC4 Jan 2026I.A.(Crl.)/1378/2025

Case brief

AI extract

What is this about?

Gauhati High Court, I.A.(Crl.)/1378/2025, decision dated 05.01.2026, bench Michael Zothankhuma and Kaushik Goswami (order by Zothankhuma J). Applicant Dilip Sarmah sought condonation of a 257-day delay in filing his appeal against conviction under Section 6 of the POCSO Act; respondents State of Assam (Addl. PP Ms. B. Bhuyan raised no objection) and Miss Lucky Sarmah. Court condoned the delay, directed Registry to register the connected appeal and application under Section 430 BNSS, and allowed/disposed of the I.A. Linked records noted: ST.Rev./0/0 and EC/0/0. No precedents cited; no quantum awarded.

What did the court decide?

Condonation of the 257-day delay in filing the appeal; Registry to register the connected appeal and application under Section 430 BNSS; the I.A. allowed and disposed of. ¶41

Sri Dilip Sarmah Vs State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2026)

Page No.# 1/3

GAHC010249872025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A.(Crl.)/1378/2025

¶6

SRI DILIP SARMAH

¶7

SON OF LATE CENIRAM SARMAH, RESIDENT OF LAKHIMI NAGAR, NEAR RIANSHI APARTMENT, P.S.-HATIGAON DIST.-KAMRUP (M), ASSAM

¶8

VERSUS

¶9

STATE OF ASSAM AND ANR REPRESENTED BY PP GOVT. OF ASSAM.

¶10

2:MISS LUCKY SARMAH

¶11

AGE ABOUT 13 YEARS D/O SHRI DILIP KUMAR SARMAH R/O- LAKHIMI NAGAR NEAR RIANSHI APARTMENT P.S- HATIGAON DIST.- KAMRUP (M) ASSAM

¶12

Advocate for the Petitioner : MR. B K SEN, MS. MONIKA DAS,P SINGH,MR A HUSSAIN,MR F HAQUE

¶13

Advocate for the Respondent : PP, ASSAM,

¶14

Linked Case : ST.Rev./0/0

¶15

SRI DILIP SARMAH SON OF LATE CENIRAM SARMAH RESIDENT OF LAKHIMI NAGAR NEAR RIANSHI APARTMENT P.S.-HATIGAON DIST.-KAMRUPM ASSAM

¶16

VERSUS

¶17

STATE OF ASSAM REPRESENTED BY PP GOVT. OF ASSAM.

¶18

2:MISS LUCKY SARMAH

¶19

AGE ABOUT 13 YEARS D/O SHRI DILIP KUMAR SARMAH R/O- LAKHIMI

¶20

Page No.# 2/3

¶21

NAGAR NEAR RIANSHI APARTMENT P.S- HATIGAON DIST.- STATE- ASSAM.

¶22

-----------Advocate for : MONIKA DAS Advocate for : appearing for STATE OF ASSAM

¶23

Linked Case : EC/0/0

¶24

SRI DILIP SARMAH SON OF LATE CENIRAM SARMAH RESIDENT OF LAKHIMI NAGAR NEAR RIANSHI APARTMENT P.S.-HATIGAON DIST.-KAMRUPM ASSAM

¶25

VERSUS

¶26

STATE OF ASSAM REPRESENTED BY PP GOVT. OF ASSAM.

¶27

2:MISS LUCKY SARMAH

¶28

AGE ABOUT 13 YEARS D/O SHRI DILIP KUMAR SARMAH R/O- LAKHIMI NAGAR NEAR RIANSHI APARTMENT P.S- HATIGAON DIST.- STATE- ASSAM.

¶29

-----------Advocate for : MONIKA DAS Advocate for : appearing for STATE OF ASSAM

¶30

BEFORE

¶31

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

¶32

ORDER

¶33

Date : 05.01.2026

¶34

(M. Zothankhuma, J)

¶35

Heard Mr. B. K. Sen, learned counsel for the applicant, who submits that there is a delay of 257 days in filing the appeal against the conviction of the applicant under Section 6 of the POCSO Act.

¶36

Ms. B. Bhuyan, learned Addl. Public Prosecutor, Assam submits that she

¶37

Page No.# 3/3

¶38

has got no objection to the delay being condoned.

¶39

On considering the submissions of the learned counsels for the parties, the delay of 257 days is condoned.

¶40

Registry to register the connected appeal and application under Section 430 BNSS.

¶41

I.A. is accordingly allowed and disposed of.