Meghalaya High Court
Date Of Decision: 08.04.2026 vs The State Of Meghalaya Represented By on 8 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:309-DB
Serial No. 04
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 47 of 2026
Date of Decision: 08.04.2026
Shri. Indri Dkhar
S/o L.D. Phawa
Longkaluh Village, Khliehriat,
East Jaintia Hills District,
Meghalaya.
......... Appellant/Accused Person
-Vs-
1. The State of Meghalaya represented by
Public Prosecutor.
2. YYY
D/o Namdong Village,
East Jaintia Hills District, Meghalaya.
............ Opposite Parties.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Hon'ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Applicant(s) : Ms. A. Surana, Legal Aid Counsel.
For the Respondent(s) : Mrs. N.G. Shylla, Sr. GA with
Ms. S. Kh. Nongrum, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
1
2026:MLHC:309-DB
ii) Whether approved for publication
in press: Yes/No
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Ms. S. Surana, learned Legal Aid Counsel for the
applicant/convict, who has submitted that the applicant/convict has preferred an
appeal before this Court against the impugned judgment and order dated
27.05.2025 passed by the Court of the learned Sessions Judge, East Jaintia Hills
District, Khliehriat in Sessions Case No. 127 of 2022, wherein, he was convicted
and sentenced to undergo rigorous imprisonment for a period of 10(ten) years
with fine of ₹ 5000/- (Rupees five thousand) only under Section 376(2)(g) IPC,
and in default thereof, to undergo further simple imprisonment of 15(fifteen)
days.
2. However, while preferring an appeal, a delay of 244 days has
occurred, due to circumstances which is beyond the control of the
applicant/convict, being an illiterate person and the sole bread earner of his
family, 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.
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2026:MLHC:309-DB
3. Mrs. N.G. Shylla, learned Sr. GA assisted by Ms. S. Kh. Nongrum,
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 244 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: 2026.04.08 18:01:49 IST
