AI Structured Summary
Not yet generated for this judgment
Judgment
Per W. Diengdoh, (J):
Heard Ms. K. Gurung, 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 11.05.2021 passed by the Court of the learned Sessions Judge, West Khasi Hills District, Nongstoin in Sessions Case No. 11 of 2019, whereby, he was convicted and sentenced to undergo imprisonment for life with fine of ₹ 50,000/- (Rupees fifty thousand) only, for an offence punishable under Section 376(2)(f) IPC. For the offence punishable under Section 323 IPC, the applicant is also sentenced to undergo imprisonment for a period of 1(one) year with fine of ₹ 1000/- (Rupees one thousand) only.
However, while preferring an appeal, a delay of 1924 days has occurred, on the ground that the applicant is illiterate and hailing from a remote area with very limited access to legal assistance and financial means. As such, due to circumstances which is beyond the control of the applicant, he could not prefer an appeal within the prescribed period of limitation. It was only when a legal aid was accorded to him that the related appeal has been filed. This being the case, the learned Legal Aid Counsel prays that this Court may be pleased to condone the delay in filing the related appeal.
Mr. H. Kharmih, learned Addl. PP assisted by Ms. S. Shyam, 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 1924 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.