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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 dated 03.09.2024 and related order of sentence dated 17.09.2024 passed by the Court of the learned District & Sessions Judge, West Khasi Hills District, Nongstoin in Sessions Case No. 2 of 2021, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 10(ten) years with fine of ₹ 3000/- (Rupees three thousand) only, and in default thereof, to undergo simple imprisonment of 1(one) month for an offence punishable under Section 376(2)(l) IPC.
However, while preferring an appeal, a delay of 640 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.
Mr. K.P. Bhattacharjee, 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 640 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.