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Judgment
Heard Ms. S. Nongsiej, 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 22.04.2021 and related order of sentence dated 28.04.2021 passed by the Court of the learned Special Judge (POCSO), Ri-Bhoi District in Special POCSO Case No. 4 of 2019, whereby, he was convicted and sentenced to undergo life imprisonment with fine of ₹ 10,000/-(Rupees ten thousand) only, and in default thereof, to undergo imprisonment of 1(one) month for an offence punishable under Section 377 IPC and under Section 6 of the POCSO Act.
However, while preferring an appeal, a delay of 1890 days has occurred on the ground that the applicant was never enlarged on bail and was not able to inform his family members regarding his right to appeal. Further, his family members belong to the below poverty line and is a daily wager. Due to circumstances which is beyond the control of the applicant, 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. N.D. Chullai, 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 1890 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.