In this interim application, the Gauhati High Court condoned a delay of 62 days in filing an appeal under the POCSO Act and IPC by Santosh Odoya. The court ordered the registration of the connected appeal and listed the same.
Delay of 62 days condoned; connected appeal registered and listed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010193882026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/939/2026
SANTOSH ODIYA
SON OF SRI LAKHIRAM ODIYA, RESIDENT OF VILLAGE NO.2 BHOLATAR, P.S DIMAKUCHI, DISTRICT UDALGURI, ASSAM - 784526.
VERSUS
THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:BISHNI TOPPO WIFE OF BIREN TOPPO RESIDENT OF VILL. NO. 2 BHOLATAR P.S DIMAKUCHI DISTRICT UDALGURI ASSAM- 784526
Advocate for the Petitioner : MR A ATREYA, MR D K BHATTACHARYYA,MR. J KONWAR
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE NCHUMBEMO MOZHUI
ORDER
Date : 16-09-2026
(M. Zothankhuma, J)
Heard Mr. J. Konwar, learned counsel for the applicant, who submits that
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there is a delay of 62 days in filing the appeal against the conviction of the applicant under Sections 376AB/302 IPC read with Section 6 of the POCSO Act vide the impugned Judgment dated 30.04.2026 passed by the learned Special Judge (POCSO), Udalguri in Special (P) Case No.17/2021.
Mr. R.R. Kaushik, learned Addl. P.P submits that he has got no objection to the delay being condoned.
Accordingly, the delay of 62 days is condoned.
Registry to register the connected appeal and list the same.
The I.A. is accordingly disposed of.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay of 62 days in filing the appeal against conviction under POCSO and IPC is condonable or not.
Whether to condone the delay in filing an appeal and dispose of the application.
1 provisions across 1 enactments
Santosh Odoya
The State of Assam
Michael Zothankhuma
Nchumbo Mozhui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
