23.03.2026 vs State Of Meghalaya Through on 23 March, 2026

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    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.:
    
    
                                             1
                                                               2026:MLHC:256-DB
    
    
    
    
    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,

    SPONSORED

    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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    2026:MLHC:256-DB

    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
    



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