SHILLONG, India, May 16 -- Meghalaya High Court issued the following judgment/order on April 15:
1. Heard Ms. A. Surana, 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 10.08.2023 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 3 of 2021 under Section 3(a)/4 of the POCSO Act.
2. However, while preferring an appeal, a delay of 906 days has occurred, due to circumstances which is beyond the control of the applicant/convict, belonging to a poor and uneducated background and the sole bread earner of his family, is not aware of his legal rights to file appeal or to engage a private counsel. As such, 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.
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 906 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.
