Gauhati High Court
I.A.(Crl.)/36/2026 of MR. YHUNTHONLO KEZ Vs THE STATE OF NAGALAND AND ANR on 28 September 2026
GAHC020007452026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/36/2026 MR. YHUNTHONLO KEZ R/O TESOPHENYU VILLAGE, TSEMINYU, NAGALAND, THROUGH THE JAILOR, CENTRAL JAIL DIMAPUR, NAGALAND - 797112 VERSUS THE STATE OF
GAHC020007452026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KOHIMA BENCH
Case No. : I.A.(Crl.)/36/2026
MR. YHUNTHONLO KEZ
R/O TESOPHENYU VILLAGE, TSEMINYU, NAGALAND, THROUGH
THE JAILOR, CENTRAL JAIL DIMAPUR, NAGALAND - 797112
VERSUS
THE STATE OF NAGALAND AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR
2:MR. SAJUKHA KATH (COMPLAINANT)
R/O TESOPHENYU VILLAGE
TSEMINYU
NAGALAN
Advocate for the Petitioner : YANGRO HUMTSOE, Advocate for the Respondent : P.P, NAGALAND, Linked Case : CRL.A(J)/12/2026
MR. YHUNTHONLO KEZ
R/O TESOPHENYU VILLAGE
TSEMINYU
NAGALAND THROUGH THE JAILOR
CENTRAL JAIL
DIMAPUR
NAGALAND - 797112
VERSUS
THE STATE OF NAGALAND AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR
2:MR. SAJUKHA KATH (COMPLAINANT)
R/O TESOPHENYU VILLAGE
TSEMINYU
NAGALAND
------------
Advocate for : MOA JAMIR
Advocate for : P.P
NAGALAND appearing for THE STATE OF NAGALAND AND ANR
BEFORE
HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
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ORDER
Date : 29.09.2026 Learned counsel, Mr. Yangro Humtsoe, is present for the Applicant. The Respondent No. 1/State of Nagaland is represented by learned Public Prosecutor, Mr. E. Thiba Phom. With regard to Respondent No. 2, the Applicant has taken steps by dasti and an affidavit has been filed on 10.09.2026. The service on Respondent No. 2 is deemed complete. However, none appears for the Respondent No. 2 when the matter is called. By filing the instant application under Section 5 of the Limitation Act, 1963 the Applicant has prayed for condonation of delay of 268 [Two Hundred Sixty-Eight] days in filing the accompanying criminal appeal against the judgment dated 08.12.2025 and the subsequent order dated
12.12.2025 passed by the learned Principal District & Sessions Judge, Kohima, Nagaland in G.R. Case No. 2/2022, whereby the Appellant was convicted and sentenced to 10 [ten] years rigorous imprisonment with fine of Rs. 10,000/- [Rupees Ten Thousand] under Section 376(1) of the IPC along with a default clause to undergo 1 [one] year simple imprisonment. The reasons for the delay have been set out at paragraphs 4 and 5 of the application. This Court has perused the same and finds that sufficient cause has been shown for the delay of 268 days in filing the accompanying criminal appeal. Accordingly, the instant application is allowed and the delay of 268 days is condoned. The Registry shall list the CRL.A(J)/12/2026 after a week for Admission.
JUDGE Comparing Assistant