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Judgment
Heard Mr. G. Syngkrem, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment and related order of sentence dated 13.12.2023 passed by the Court of the learned Special Judge (POCSO), Ri-Bhoi District in POCSO Case No. 3 of 2017, whereby, he was convicted and sentenced to undergo imprisonment for a period of 4(four) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, and in default thereof, to undergo imprisonment of 3(three) months for an offence punishable under Section 354 IPC. The applicant is also sentenced to undergo imprisonment for a period of 5(five) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, and in default of payment of fine, to undergo imprisonment of 3(three) months for an offence punishable under Section 354B IPC. For an offence punishable under Section 376(2) IPC, the applicant is also sentenced to undergo imprisonment for a period of 20(twenty) years with fine of ₹ 2,00,000/- (Rupees two lakhs) only and in default of payment of fine, to undergo imprisonment of another 6(six) months, and for an offence punishable under Section 10 POCSO Act, the applicant is sentenced to undergo imprisonment for a period of 6(six) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, and in default thereof, to undergo another 3(three) months imprisonment.
However, while preferring an appeal, a delay of 925 days has occurred, on the ground that the applicant is in a state of poverty without any source of income and was not in a position to engage a private counsel. As such, he could not prefer an appeal within the prescribed period of limitation. Thereafter, legal aid was sought for, and accordingly, this application was processed through Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.
Mr. S. Sengupta, learned Addl. PP appearing for the State respondent has no objection to the prayer for condonation of the delay.
On consideration of the submission made, we are persuaded to allow this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 925 days in preferring the appeal is hereby condoned.
Registry is directed to diarize the appeal and list it for admission after 1(one) week.
Misc. Case disposed of.