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

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    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.

    2

    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
    

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