1. Heard Ms. P. Chettri, 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 05.05.2022 and related order of sentence
dated 06.05.2022 passed by the Court of the learned Special Judge (POCSO),
West Jaintia Hills District, Jowai in Special (POCSO) Case No. 6 of 2022,
whereby, he was convicted and sentenced to undergo rigorous imprisonment for
a period of 25(twenty-five) years with fine of ₹ 50,000/- (Rupees fifty thousand)
only, and in default thereof, to undergo imprisonment for another 1(one) year
for an offence punishable under Section 5(n)/6 of the POCSO Act.
2. However, while preferring an appeal, a delay of 382 days has
occurred, due to circumstances which is beyond the control of the applicant,
since he is an illiterate person, hailing from a poor family, has no means to file
an 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.
