GRENATH CH. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This appeal has been carried some 10 years after the conviction of the appellant.

(2.) Since it appeared that the appellant was from the economically weaker Sec. of society and not literate, sufficient latitude was shown in condoning the delay in receiving the appeal. At any rate, when it is a person's liberty at stake, courts are bound to be lenient in condoning the delay.

(3.) The appellant has been convicted under Sec. 302 read with Ss. 376A and 201 of the Penal Code, 1860. The first ground that the appellant urges is that Sec. 376A of the Penal Code could not have been invoked in this case since such provision was introduced by an amendment of 2013, whereas the incident complained of in the present case was of July 10, 2010.