SHILLONG, India, May 16 -- Meghalaya High Court issued the following judgment/order on April 15:
1. Heard Mr. R.H. Alice, 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 01.03.2023 and related order of sentence dated 07.03.2023 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 26 of 2020.
2. However, while preferring an appeal, a delay of 1061 days has occurred, due to circumstances which is beyond the control of the applicant/convict, since he belongs to a poor family and has no means to engage a private counsel, as such, he could not prefer an appeal within the statutory period. 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.
3. Mr. R. Gurung, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.
4. 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 1061 days in preferring the appeal is hereby condoned.
5. Registry is directed to diarize the appeal and list it for admission after 1(one) week.
6. Misc. Case disposed of.
Disclaimer: Curated by HT Syndication.
