AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 259 wordsW. Diengdoh, J
Heard Mr. S. Chanda, learned counsel appearing on behalf of Ms. R. Dutta, 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 order dated 08.06.2023 passed by the Court of the learned Special Judge (POCSO), West Garo Hills, Tura in Special POCSO Case No. 24 of 2021 under Section 9(m)/10 of the POCSO Act.
However, while preferring an appeal, a delay of 953 days has occurred, due to circumstances which is beyond the control of the applicant, inasmuch as, there was no support from his family members/relatives, as such, he could not prefer an appeal within the prescribed period of limitation. Thereafter, a Legal Aid Counsel was provided to him, and eventually, the appeal was prepared by the Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.
Ms. A.D. Syiem, learned GA appearing for the State respondent has submitted that there is no sufficient cause shown to sustain 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, notwithstanding the submission of the learned GA.
Accordingly, the delay of 953 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.