25.03.2026 vs State Of Meghalaya on 25 March, 2026

Meghalaya High Court

Date Of Decision: 25.03.2026 vs State Of Meghalaya on 25 March, 2026

Author: W. Diengdoh

Bench: W. Diengdoh

                                                              2026:MLHC:275-DB



     Serial No. 04
     Regular List



                         HIGH COURT OF MEGHALAYA
                             AT SHILLONG

Crl.M.C. No. 26 of 2026
                                                 Date of Decision: 25.03.2026
Shri. Visnu Bormon @ Vishnu Malik
Son of (L) Torun Borman,
R/o Pahansyiem Village, Nongpoh
Ri-Bhoi District, Meghalaya.
Presently serving sentence in
District Prison & Correctional Home,
Nongpoh
                                                ........... Applicant/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:275-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

SPONSORED

this Court against the impugned judgment dated 13.12.2023 and related order

of sentence dated 21.12.2023 passed by the Court of the learned Special Judge

(POCSO), Ri-Bhoi District, Nongpoh in POCSO Case No. 22 of 2015 under

Section 6/7 of the POCSO Act and under Section 376(2)(i) IPC.

2. However, while preferring an appeal, a delay of 753 days has

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

since he belongs to a poor family with no means to engage a private counsel,

as such, he could not prefer an appeal within the statutory period. Thus, 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 753 days in preferring the

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2026:MLHC:275-DB

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: 2026.03.25 18:14:52 IST