SHILLONG, India, April 26 -- Meghalaya High Court issued the following judgment/order on March 25:
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 13.12.2023 and related order of sentence dated 21.12.2023 passed by the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh in POCSO Case No. 22 of 2015 under Section 6/7 of the POCSO Act and under Section 376(2)(i) IPC.
2. However, while preferring an appeal, a delay of 753 days has occurred, due to circumstances which is beyond the control of the applicant, since he belongs to a poor family with no means to engage a private counsel, as such, he could not prefer an appeal within the statutory period. Thus, 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 753 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.
