27.04.2026 vs The State Of Meghalaya Represented By … on 27 April, 2026

Meghalaya High Court

Date Of Decision: 27.04.2026 vs The State Of Meghalaya Represented By … on 27 April, 2026

Author: W. Diengdoh

Bench: W. Diengdoh

                                                              2026:MLHC:405-DB



     Serial No. 05
     Regular List



                           HIGH COURT OF MEGHALAYA
                               AT SHILLONG

Crl.M.C. No. 69 of 2026
                                                     Date of Decision: 27.04.2026
Shri. Sebastian Kharjana,
S/o Shri. Louis Mylliemumlong,
R/o Umlyngka Maw Syiem,
Upper Shillong,
East Khasi Hills District,
Meghalaya.
                                                        ......... Applicant
                                   -Vs-

1.       The State of Meghalaya represented by the
         Public Prosecutor/Special Public Prosecutor.

2.       The Officer-in-Charge,
         Lumdiengjri Police Station,
         Shillong, East Khasi Hills District,
         Meghalaya.
                                                        ............ Respondents
Coram:
                 Hon'ble Mr. Justice W. Diengdoh, Judge
                 Hon'ble Mr. Justice B. Bhattacharjee, Judge

Appearance:
For the Petitioner/Applicant(s)    :      Ms. I.M. Lyngdoh, Legal Aid Counsel.

For the Respondent(s)              :      Mrs. N.G. Shylla, Sr. GA with
                                          Ms. Z.E. Nongkynrih, GA.

i)       Whether approved for reporting in                   Yes/No


                                           1
                                                               2026:MLHC:405-DB




       Law journals etc.:

ii)   Whether approved for publication
      in press:                                              Yes/No

Per W. Diengdoh, (J):

                     JUDGMENT AND ORDER (ORAL)

1. Heard Ms. I.M. Lyngdoh, learned Legal Aid Counsel for the

applicant, who has submitted that the applicant has preferred an appeal before

SPONSORED

this Court against the impugned judgment dated 24.10.2024 and related order of

sentence dated 29.10.2024 passed by the Court of the learned Special Judge

(POCSO), East Khasi Hills District, Shillong in Special (POCSO) Case No. 54

of 2016 under Section 6 of the POCSO Act read with Section 376(2)(i) IPC.

2. However, while preferring an appeal, a delay of 484 days has

occurred, due to circumstances which is beyond the control of the applicant,

since he is an uneducated person, is not aware of his legal rights to file 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.

3. Mrs. N.G. Shylla, learned Sr. GA assisted by Ms. Z.E. Nongkynrih,

learned GA appearing for the State respondent has no objection to the prayer for

condonation of the delay.

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2026:MLHC:405-DB

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 484 days in preferring the appeal is

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: 2026.04.27 19:16:21 IST