A. P. SUBBA, J. :- This is an application filed by the State of Sikkim under Section 5 of the Limitation Act for condonation of delay in filing an appeal for enhancement of sentence under Section 377 of the Criminal Procedure Code (in short "Cr. P.C.").

2. The case of the petitioner is that the respondents herein were convicted and sentenced to life imprisonment and fine by the learned Sessions Judge, Special Division - I (1/C) at Gangtok in Sessions Trial Case No. 4 of 2004 on 31st March, 2006. When the appeal filed by the respondents against the judgment of conviction and sentence came up for hearing before this Court on 2nd May, 2007, the learned Public Prosecutor, appearing before this Court submitted that the sentence of life imprisonment and fine passed under Section 302/34 of the Indian Penal Code (in short "IPC") was grossly inadequate and as such, the State proposes to take necessary steps for enhancement of sentence. Upon such submission being made, the matter was adjourned so as to enable the State to take necessary steps to file an appeal under Section 377, Cr. P.C. Accordingly, the State took necessary steps and filed the accompanying appeal. It is, therefore,