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Judgment
Heard Ms. P. Chettri, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment dated 23.08.2023 and related order of sentence dated 25.08.2023 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 15/2022, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with fine of ₹ 30,000/- (Rupees thirty thousand) only, and in default thereof, to undergo simple imprisonment of 3(three) months for an offence punishable under Section 6 POCSO Act. For an offence punishable under Section 10 POCSO Act, the applicant is also sentenced to undergo rigorous imprisonment for a period of 5(five) years with fine of ₹ 5000/-(Rupees five thousand) only, and in default of payment of fine, to undergo simple imprisonment of 1(one) month, and for an offence punishable under Section 506 Part-I IPC, the applicant is sentenced to undergo rigorous imprisonment for a period of 1(one) year with fine of ₹ 1000/- (Rupees one thousand) only, and in default of payment of fine, to undergo further simple imprisonment of 15(fifteen) days.
However, while preferring an appeal, a delay of 1028 days has occurred, due to circumstances which is beyond the control of the applicant, being an uneducated person and hailing from a poor family, has no means to file an appeal or 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. H. Abraham, learned GA 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 1028 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.