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Judgment
7 paragraphs · 283 wordsW. Diengdoh, (J)
Heard Mr. S. Chanda, learned Legal Aid Counsel for the applicant, who has submitted that an appeal has been preferred by the applicant, being aggrieved by the judgment and order of conviction dated 10.10.2023 and order of sentence dated 31.10.2023 passed by the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh in Special (POCSO) Case No. 19 of 2021 under Section 3(a)/4/9(m)/10 of the POCSO Act, 2012, whereby, by such judgment and order of sentence, he was convicted and directed to undergo imprisonment for a term of 25 years with fine of ₹ 1,00,000/- (Rupees one lakh) under Section 6 POCSO Act, 5 years rigorous imprisonment with fine of ₹ 10,000/- (Rupees ten thousand) under Section 354 IPC (on two counts) and 7 years imprisonment with fine of ₹ 10,000/-(Rupees ten thousand) under Section 10 POCSO Act (on two counts).
However, while preferring the said appeal, a delay of 780 days has occurred due to circumstances which is beyond the control of the applicant since he is a poor person with no support from his family members to prefer an appeal. It is therefore prayed that the delay be condoned and the appeal be admitted.
Mr. R. Gurung, learned GA appearing on behalf of the State respondent has no objection to the prayer made.
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 780 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.