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Judgment
Per W. Diengdoh, (J):
Heard Ms. A. Rani, learned counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment dated 23.06.2026 and related order of sentence dated 26.06.2026 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 51 of 2023, 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 further simple imprisonment of 6(six) months for an offence punishable under Section 4(2) of the POCSO Act read with Section 363 IPC. The applicant is also convicted to undergo rigorous 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 further simple imprisonment of 6(six) months for an offence punishable under Section 363 IPC.
However, while preferring an appeal, a delay of 34 days has occurred, on the ground that the applicant is a Sumo driver and the sole breadwinner of his family coming from an economically and socially backward background without sufficient financial means, as such, he is not aware of the legal procedure and the related period of filing the appeal. It is therefore prayed that the delay be condoned and the appeal be admitted.
Mr. Atiar S. Dey, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.
It is also the submission of the learned counsel for the applicant that inadvertently, the survivor has been arrayed as party respondent herein being respondent No. 3. In this regard, it is prayed that the name of the survivor/respondent No. 3 be struck off from these proceedings.
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 34 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 survivor/respondent No. 3 is hereby struck off from the array of parties.
Misc. Case disposed of.