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Judgment
Per W. Diengdoh, (J):
Heard Ms. P. Agarwal, learned Legal Aid Counsel for the appellant, who has submitted that the appellant has preferred an appeal before this Court against the impugned judgment and related order of sentence dated 18.01.2023 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 27 of 2020, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with fine of ₹ 50,000/- (Rupees fifty thousand) only, and in default thereof, to undergo simple imprisonment of another 3(three) months for an offence punishable under Section 5(n)/6 of the POCSO Act.
However, while preferring an appeal, a delay of 1284 days has occurred, on the ground that the appellant being an uneducated person, is not aware of the legal procedure and the related period of filing the appeal. Moreover, due to financial difficulties, he could not engage a private counsel, it was only when a legal aid was accorded to him that the related appeal has been filed. It is therefore prayed that the delay be condoned and the appeal be admitted.
It is also the submission of the learned Legal Aid Counsel that inadvertently, the complainant has been arrayed as party respondent herein being respondent No. 2. In this regard, it is prayed that the name of the complainant/respondent No. 2 be struck off from these proceedings.
Mrs. T. Yangi. B, learned AAG assisted by Mr. E.R. Chyne, learned Assistant PP appearing for the State respondent has no objection to the prayer made.
On careful 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 1284 days in preferring the appeal is hereby condoned.
Registry is directed to diarize the appeal and list it for admission after 1(one) week.
As prayed for, the name of the complainant/respondent No. 2 is hereby struck off from the array of parties.
Misc. Case disposed of.