Meghalaya High Court
Date Of Decision: 23.03.2026 vs State Of Meghalaya Through on 23 March, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:256-DB
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 23 of 2026
Date of Decision: 23.03.2026
Shri. Jesbil Umbah,
Son of (L) Jrep Khymdeit,
Resident of: Village Mawlaho,
P.S: Nongpoh,
District: Ri-Bhoi, Meghalaya.
Presently lodged in District Prison &
Correctional Home, Ri-Bhoi District,
Nongpoh.
........... Applicant
-Vs-
State of Meghalaya through
Public Prosecutor
............ Opposite Party/
Respondent
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Hon'ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. S.D. Upadhaya, Legal Aid Counsel.
Ms. A. Synrem, Adv.
For the Respondent(s) : Mr. R. Gurung, GA.
Mr. H. Kharmih, Addl. PP.
i) Whether approved for reporting in Yes/No
Law journals etc.:
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ii) Whether approved for publication
in press: Yes/No
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. S.D. Upadhaya, learned Legal Aid Counsel, who has
submitted that the accused/applicant has filed an appeal before this Court,
being aggrieved by the impugned judgment dated 08.12.2022 and related
order of sentence dated 22.12.2022 passed by the Court of the learned Special
Judge (POCSO), Ri-Bhoi District, Nongpoh in POCSO Case No. 38 of 2015,
whereby, he was directed to undergo (i) imprisonment for a term of 7 years
with fine of ₹ 20,000/- (Rupees twenty thousand) only, under Section 10 of
the POCSO Act, (ii) imprisonment for a term of 7 years with fine of ₹ 10,000/-
(Rupees ten thousand) only, under Section 354B IPC and (iii) imprisonment
for a term of 20 years with fine of ₹ 20,000/- (Rupees twenty thousand) only,
under Section 376 (2) IPC, and in default thereof, to undergo another 1(one)
month imprisonment for each default.
2. However, while preferring an appeal, a delay of 1105 days has
occurred, the reason being that the accused/applicant is an illiterate person,
economically backward with no means to engage a counsel. Thereafter, a
Legal Aid Counsel was provided to him, and eventually, the appeal was
prepared by the Legal Aid Counsel. It is therefore prayed that the delay be
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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 find that there are
good grounds for the appeal to be heard on merits. Accordingly, the delay of
1105 days in preferring the appeal is hereby condoned.
5. Registry is directed to diarize the appeal and list it for admission on
01.04.2026.
6. Misc. Case disposed of.
(B. Bhattacharjee) (W. Diengdoh)
Judge Judge
Signature Not Verified 3
Digitally signed by
DARIKORDOR NARY
Date: 2026.03.23 20:16:14 IST