[Cites 2, Cited by 0]
Manipur High Court
Thokchom Suraj Singh vs State Of Manipur on 6 April, 2026
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRAKPAM Digitally signed by
SHOUGRAKPAM
IN. 19
DEVANANDA DEVANANDA SINGH
Date: 2026.04.07 13:36:11
SINGH +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(Crl. A.) No. 12 of 2024
Thokchom Suraj Singh ... Applicant
Vs.
State of Manipur ... Respondent
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
06-04-2026
[1] Heard Mr. M. Gunedhor, learned counsel appearing for
the applicant and Mr. H. Samarjit, learned senior counsel and PP
assisted by Mr. Phungyo Zingkhai, learned Deputy GA appearing for
the respondent.
[2] By a judgment and order dated 27-07-2023 passed by the
Fast Track Special Court No. 1, Manipur in Special Trial (POCSO)
Case No. 03/2020/10 of 2020, the present applicant was convicted
for the offence punishable under Section 6 of the POCSO Act, 2012.
Thereafter, sentence was passed on 31-07-2023 by the said learned
Fast Track Special Court No. 1, Manipur, sentencing the applicant to
undergo rigorous imprisonment for a period of 20 years with fine of
Rs. 10,000/- (rupees ten thousand).
[3] Against the said judgment, the applicant filed a Statutory
Appeal under Section 374(2) of the CrPC challenging the said judgment
and order of the said sentence. However, there has been a delay of 172
MC(CRL. A.) No. 12 of 2024 Contd..../-
days in filing the said appeal, hence the present application has been
filed for condoning the said delay.
[4] Mr. M. Gunedhor, learned counsel appearing for the
applicant submitted that the family members of the applicant are
very poor and due to financial difficulties, it took time in filing the said
appeal as well as the present condonation application. It has also
been submitted that as the applicant has been lodged in the jail after
passing of the said sentence, it was very difficult for him to have access
to legal advice and to consult an advocate and also because of the
financial constraint faced by the family members of the applicant, some
delay has been caused in preferring the said appeal. The learned
counsel further submitted that there was no intentional and deliberate
negligence on the part of the applicant in preferring the said appeal and
unless the said delay in preferring the said appeal is condoned, the
applicant will suffer an irreparable loss and injury. The learned counsel,
accordingly, prays for allowing the present condonation application and
to hear the connected appeal on merit.
[5] In the objection filed by the respondents in the present
condonation application, no substantial objection has been raised by the
respondents, however, it has been averred in the said objection that
the applicant has failed to provide sufficient reason for condoning the
delay as he is required to give reasonable and proper explanation for the
cause of delay. It has been submitted on behalf of the respondents that
the present condonation application may be rejected.
MC(CRL. A.) No. 12 of 2024 Contd..../-
[6] On considering the averments made in the present
application filed by the parties and also after hearing the submission
advanced by the learned counsel appearing for the parties, this court is
satisfied that there was no negligence or lapses on the part of the
applicant in preferring the connected appeal and that the delay has
been caused due to the financial hardship faced by the family members
of the applicant and as the applicant has been lodged in jail after he
has been sentenced to undergo rigorous imprisonment. Accordingly, this
court find sufficient reason for condoning such delay.
[7] In view of the above, the present condonation application is
hereby allowed by condoning the delay of 172 days in preferring the
said appeal. This court is also of the view that it will be in the interest of
justice to hear the connected appeal on merit.
With the aforesaid direction, the present application is
disposed of.
Registry is directed to number the connected appeal and to
list it for Admission, if the same is otherwise found to be in order.
JUDGE
Devananda
MC(CRL. A.) No. 12 of 2024 Contd..../-
