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
6 paragraphs · 240 wordsHeard Ms. Y. Shylla, learned counsel for the petitioner who has submitted that an appeal is contemplated to be filed against the impugned judgment and sentence dated 24.06.2024 passed by the learned Special Judge (POCSO), Shillong in Special POCSO Case No. 54 of 2017. However, while preferring the related appeal, a delay of 376 days has occurred on the ground that the petitioner/convict is not fully aware of the consequences or the procedure of law as far as appeal is concerned due to illiteracy. It is prayed that the period of delay may be condoned and the appeal be brought on board.
Mr. A.H. Kharwanlang, learned Addl. P.P has however expressed his objection to the application filed on the ground that it could not be said that the petitioner/convict is not aware of his right as the same has been informed to him at the time when the sentence was passed.
This Court has given due consideration to the submission made and has noted that in a case such as this, the merits of the appeal have to be looked into considering it involves the life and liberty of an individual.
Accordingly, we find that sufficient cause has been made for filing of the said condonation application. The delay of 376 days in filing the related appeal is hereby condoned.
The Registry is directed to diarize the appeal and list the same for admission after 1(one) week.
Petition disposed of.