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Judgment
Ms A.D. Syiem, learned Legal Aid Counsel for the applicant/appellant has submitted that the applicant/appellant after his conviction has preferred an appeal before this Court on being aggrieved and dissatisfied with the judgment dated 30.10.2023 and the related order of sentence dated 02.11.2023 passed by the learned Special Judge (POCSO), West Jaintia Hills District, Jowai in Special Session (POCSO) Case No. 08 of 2014. However, a delay of 1030 days has occurred in filing the related appeal.
The learned Legal Aid Counsel has submitted that due to the fact that the applicant is in a state of poverty without any source of income and with no support from the family members or relatives, was left with no financial aid to prefer an appeal thereby causing the delay in preferring the delay. However, the applicant, through the jail authorities had sought for legal aid in preferring the same. The circumstances of the appellant and the time consumed in the process of legal aid has led to the cause of delay in filing the related appeal. Hence this application.
The learned counsel therefore prays that the application may be allowed and delay of 1030 days may accordingly be condoned.
Mr. A.H. Kharwanlang, learned Addl. P.P has no objection to the prayer for condonation.
We have considered the submission and on perusal of the pleadings made in this application, this Court is hereby persuaded to allow the prayer made.
Accordingly, the delay of 1030 days in preferring the related appeal is hereby condoned.
Registry to diarize the appeal and list the same for admission after 1(one) week.
Misc. Case disposed of.
