Gauhati High Court

IA(Crl)/24/2026 of Habib Ali @ Gajayuddin Ali Vs The State of AP and 2 Ors on 8 April 2026

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GAHC040005152026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/24/2026 Habib Ali @ Gajayuddin Ali Son of Ator Ali, resident of Tamlanagar, PO and PS Tezu, Lohit District, Arunachal Pradesh. VERSUS The State of AP and 2

GAHC040005152026

THE GAUHATI HIGH COURT

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

(ITANAGAR BENCH)

Case No. : IA(Crl)/24/2026

Habib Ali @ Gajayuddin Ali

Son of Ator Ali, resident of Tamlanagar, PO and PS Tezu, Lohit District, Arunachal Pradesh.

VERSUS

The State of AP and 2 Ors

represented by the PP of AP

2:Biresh Nath

Age: 53

Occupation :

Son of Late Bipin Nath

present resident of Civil Supply Colony

Tezu

Lohit District

Arunachal Pradesh 792001

3:XYZ

Age: 0

Occupation :

Daughter of Shri Biresh Nath

present resident of Civil Supply colony

Tezu

Lohit District

Arunachal Pradesh. 79200

Advocate for the Petitioner : Geken Jini, Legal Aid Counsel Advocate for the Respondent : P P of AP,

Linked Case : CRL.A(J)/32/2025

Habib Ali @ Fayajuddin Ali

Age: 20

Occupation :

Address:Son of Ator Ali

resident of Tamlanagar

PO and PS Tezu

Lohit District

Arunachal Pradesh.

VERSUS

The State of AP

Age: 0

Occupation :

Address:represented by the PP of AP

------------

Advocate for : Legal Aid Counsel

Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively.

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

Date : 09-04-2026

Heard Mr. G. Jini, learned Legal Aid Counsel for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State.

2. This is an application praying for condonation of a delay of 304 days in filing the connected criminal appeal against the judgment and order dated 06.06.2025 passed by the learned Special Judge (POCSO), Tezu, Arunachal Pradesh, in Tezu WPS Case No. 05/2022, under Sections 354 and 354A(i) of the Indian Penal Code, read with Section 10 of the POCSO Act, 2012, whereby the applicant has been convicted and sentenced to undergo rigorous imprisonment for a period of 5 (five) years and to pay a fine of ₹10,000/-, with a default stipulation.

3. I have perused the causes/reasons for not filing the connected appeal within the prescribed period of limitation, which appears to be sufficient.

4. Having considered that the connected appeal has been filed from jail and upon consideration of the grounds set forth in the application explaining the delay, this Court is satisfied that sufficient cause has been shown. Accordingly, the delay of 304 days in filing the connected criminal appeal is condoned.

5. The interlocutory application stands allowed and disposed of.

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