Nenggrik D. Sangma vs State Of Meghalaya

W. Diengdoh, J

Heard Ms. P. Chettri, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has filed an appeal before this Court, being aggrieved and dissatisfied by the impugned judgment and related order of sentence dated 20.10.2022 passed by the Court of the learned Sessions Judge, West Garo Hills, Tura in Sessions Case No. 48 of 2018, wherein, he was directed to undergo simple imprisonment for a period of 4(four) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, for the offence punishable under Section 368 IPC and to 7(seven) years simple imprisonment with fine of ₹ 50,000/- (Rupees fifty thousand) only, for the offence punishable under Section 376(1) IPC, and in default of payment of fine, to undergo simple imprisonment for a further period of 3(three) months.

However, while preferring an appeal, a delay of 1219 days has occurred, due to circumstances which is beyond the control of the applicant, being an illiterate person and hailing from a poor 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.

Mr. J. Thabah, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay

On consideration of the submission made, this Court is inclined to allow this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 1219 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.