Kumud Gogoi vs The State Of Assam And Anr
2026 Latest Caselaw 890 Gua

Gauhati High Court

Kumud Gogoi vs The State Of Assam And Anr on 7 February, 2026

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GAHC010258412024




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

                                 Case No. : I.A.(Crl.)/70/2025

            KUMUD GOGOI
            S/O LATE CHANDRA GOGOI,
            RESIDENT OF MOGORAHAT CHANGMAI GAON, PS AND DIST.
            SIVASAGAR, ASSAM 785666



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:SRI MINTU GOGOI
             S/O LATE BHABA GOGOI

            RESIDENT OF DEYALAY GAYAN GAON
            PO AND PS AND DIST SIVASAGAR
            ASSA

Advocate for the Petitioner   : MRS. S KHATANIAR,

Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, AMICUS CURIAE R-2




             Linked Case :

            KUMUD GOGOI



             VERSUS
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          THE STATE OF ASSAM AND ANR



          ------------
          Advocate for : MRS. S KHATANIAR
          Advocate for : appearing for THE STATE OF ASSAM AND ANR



                                BEFORE
                    HONOURABLE MR. JUSTICE PRANJAL DAS

                                     ORDER

Date : 07.02.2026

Heard Mrs. S. Khataniar, learned legal aid counsel for the applicant. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State and Ms. M.K. Brown, learned Amicus Curiae for the respondent No.2.

2. The applicant seeking delay of 680 days in preferring a criminal appeal against a judgment and order of conviction dated 29-09-2022, passed by learned Special Judge, POCSO, Sivasagar in POCSO Case No. 45/2020, whereby he was sentenced to imprisonment of 5(five) years. He is presently in the custody undergoing the sentence.

3. The learned Additional Public Prosecutor for the State has no objection to the delay condonation.

4. The learned Amicus Curiae for the respondent No. 2 submits that being a judgment of conviction and sentence, she has no objection. She fairly submits that she has no objection to the delay of condonation.

5. The explanation for the delay has been narrated in para 2. It is contended that the copy of the judgment was received on 10-09-2024.

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Thereafter, copies were furnished by the Legal Services Committee of this Court and after preparation of the memo of appeal, there was a delay of 680 days. The petition for seeking appeal was sent from jail by the convict/appellant.

6. In the circumstances and also considering that the petitioner is seeking to assail a judgment of conviction and sentence of imprisonment - the delay though on the higher side is hereby condoned in exercise of powers under Section 5 Limitation Act, 1963.

7. The I/A is hereby allowed and disposed of.

8. The criminal appeal shall be registered and put up for admission. The Court records its appreciation for the services of the Legal Aid Council and learned Amicus Curiae.

JUDGE

Comparing Assistant