Meghalaya High Court
Date Of Decision: 15.04.2026 vs State Of Meghalaya on 15 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:333-DB
Serial No. 05
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 53 of 2026
Date of Decision: 15.04.2026
Shri. Charles Kharraswai,
Son of (L) L. Kharlyngdoh,
R/o Nonglang Village, Mawkyrwat,
South West Khasi Hills District,
Meghalaya.
Presently serving sentence in
District Prisons & Correctional Services,
Shillong.
......... Appellant/Petitioner
-Vs-
State of Meghalaya
(Through the Public Prosecutor)
............ Respondent
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Hon'ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. R.H. Alice, Legal Aid Counsel.
For the Respondent(s) : Mr. R. Gurung, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
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2026:MLHC:333-DB
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. R.H. Alice, learned Legal Aid Counsel for the applicant,
who has submitted that the applicant has preferred an appeal before this Court
against the impugned judgment and related order of sentence dated 31.01.2024
passed by the Court of the learned Special Judge (POCSO), South West Khasi
Hills District, Mawkyrwat in Special (POCSO) Case No. 7 of 2021 under
Section 5(m)/6 of the POCSO Act.
2. However, while preferring an appeal, a delay of 732 days has
occurred, due to circumstances which is beyond the control of the
applicant/convict, since he belongs to a poor family and has no means to engage
a private counsel, as such, he could not prefer an appeal within the statutory
period. 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.
3. Mr. R. Gurung, learned GA appearing for the State respondent has
no objection to the prayer for condonation of the delay.
4. 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 732 days in preferring the appeal is
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2026:MLHC:333-DB
hereby condoned.
5. Registry is directed to diarize the appeal and list it for admission after
1(one) week.
6. Misc. Case disposed of.
(B. Bhattacharjee) (W. Diengdoh)
Judge Judge
Signature Not Verified 3
Digitally signed by
DARIKORDOR NARY
Date: 2026.04.15 18:38:45 IST
