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Judgment
Heard Mr. M.F. Qureshi, 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 20.05.2022 passed by the Court of the learned Additional Deputy Commissioner (Judicial), West Khasi Hills District, Nongstoin in G.R. Case No. 43 of 2015, whereby, he was convicted and sentenced to undergo life imprisonment for a period of 30(thirty) years with fine of ₹ 50,000/- (Rupees fifty thousand) only, and in default thereof, to undergo further rigorous imprisonment of 6(six) months for an offence punishable under Section 376 IPC.
However, while preferring an appeal, a delay of 1491 days has occurred, due to circumstances which is beyond the control of the applicant/convict, wherein, his family members did not come forward to assist him to file an appeal, and also, they were not having sufficient means 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.
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 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 1491 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.