Gauhati High Court
I.A.(Crl.)/26/2026 of MR. JOSEPH ADIVASI Vs THE STATE OF NAGALAND AND ANR on 9 June 2026
GAHC020004472026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/26/2026 MR. JOSEPH ADIVASI A RESIDENT OF PARAMEDICAL COLONY, KOHIMA, NAGALAND - 797001, THROUGH THE JAILOR, DISTRICT JAIL, KOHIMA, NAGALAND VERSUS THE STATE
GAHC020004472026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : I.A.(Crl.)/26/2026
MR. JOSEPH ADIVASI
A RESIDENT OF PARAMEDICAL COLONY, KOHIMA, NAGALAND - 797001, THROUGH THE JAILOR, DISTRICT JAIL, KOHIMA, NAGALAND
VERSUS
THE STATE OF NAGALAND AND ANR
THROUGH THE PUBLIC PROSECUTOR, NAGALAND
2:SMTI. GHOTOLI (COMPLAINANT)
W/O VICTO
R/O PARAMEDICAL COLONY
KOHIMA, NAGALAND - 79700
Advocate for the Petitioner : ARENLONG,
Advocate for the Respondent : P.P, NAGALAND, Linked Case : CRL.A(J)/9/2026
MR. JOSEPH ADIVASI
A RESIDENT OF PARAMEDICAL COLONY
KOHIMA
NAGALAND - 797001. CURRENTLY IN CENTRAL JAIL
DIMAPUR
THROUGH THE JAILOR
CENTRAL JAIL
DIMAPUR, NAGALAND
VERSUS
THE STATE OF NAGALAND AND ANR
THROUGH THE PUBLIC PROSECUTOR, NAGALAND
2:SMTI. GHOTOLI (COMPLAINANT)
W/O VICTO
R/O PARAMEDICAL COLONY
KOHIMA, NAGALAND - 797001
------------
Advocate for : ARENLONG
Advocate for : P.P
NAGALAND appearing for THE STATE OF NAGALAND AND ANR
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
HON'BLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 10-06-2026 (M. Choudhury, J) Heard Ms. Tiakumla, learned Legal Aid counsel for the applicant-appellant. Also heard Ms. S. Mere, learned P.P for the State/respondent No. 1.
2. The instant application under Section 5 of the Limitation Act, 1963 is preferred by the applicant-appellant seeking condonation of delay of 1365 days, which period of delay, is stated to have occurred in filing the accompanying criminal appeal.
3. The applicant as the appellant has filed the accompanying criminal appeal against a Judgment and Order dated 02.05.2022 passed by the Court of learned Special Judge, POCSO Act, Kohima, Nagaland. By the said Judgment and Order, the applicant-appellant has been convicted for the offences under Sections 376(2)
(a) /376(3), Indian Penal Code [IPC], read with Section 4 of Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 4, POCSO Act, the applicant-appellant has been sentenced to undergo 20 years of simple imprisonment and to pay a fine of Rs. 5,000/-, with default stipulation.
4. It is submitted that the applicant-appellant is presently serving the sentence. It is further submitted that the applicant-appellant is in custody since 2019. Meaning thereby, he has spent more than 6 years incarceration. It is only recently, the applicant-appellant has got the opportunity to prefer an appeal against the Judgment and Order of conviction and sentence through the Central Jail Authorities and the District Legal Services Authority.
5. Having regard to the nature of conviction and, more particularly, the sentence for imprisonment of 20 years, this Court is of the considered view that it is the substantive justice which should prevail over any period of delay which has occurred, in case of a convict. Rather than dismissing the appeal on the ground of delay, the appeal should be heard on merits.
6. This Court observes that notice to the respondent no. 2 at this stage is not necessary, as at the time of admission of the appeal, if any, notices would invariably be issued to the respondent no. 2 for his/her appearance and participation in the appeal proceedings.
7. In view of the reasons assigned hereinabove, the instant application seeking condonation of delay of 1365 days is allowed.
8. Registry to list the appeal for admission.
Sd/
Sd/-
JUDGE JUDGE Comparing Assistant