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Judgment
Per W. Diengdoh, (J):
Heard Mr. S.D. Upadhaya, 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 03.09.2024 passed by the Court of the learned Special Judge (POCSO), West Garo Hills District, Tura in Special (POCSO) Case No. 29 of 2020, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 10(ten) years with fine of ₹ 30,000/- (Rupees thirty thousand) only, and in default thereof, to undergo further simple imprisonment of 3(three) months for an offence punishable under Section 6 POCSO Act. For the offence punishable under Section 506 IPC Second Part, the applicant is also convicted to undergo rigorous imprisonment of 2(two) years with fine of ₹ 5000/- (Rupees five thousand) only, and in default of payment of fine, to undergo further simple imprisonment of 1(one) month.
However, while preferring an appeal, a delay of 692 days has occurred, on the ground that the applicant is a retired Government Servant with no means to file an appeal within the prescribed period of limitation. Furthermore, since his family members are not financially sound, they are unable to engage a private counsel, as such, 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. 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 692 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.