Meghalaya vs The Public Prosecutor on 6 July, 2026

    0
    9
    ADVERTISEMENT

    Meghalaya High Court

    Meghalaya vs The Public Prosecutor on 6 July, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                 2026:MLHC:660-DB
    
    
    
         Serial No. 03
         Regular List
    
                          HIGH COURT OF MEGHALAYA
                              AT SHILLONG
    Crl.M.C. No. 117 of 2026
                                                        Date of Decision: 06.07.2026
    Shri. Lovingstar Binan
    S/o Shri. Shaliwell Tynthai
    R/o Lyndem Village, Raid Mawja,
    Khyrim Syiemship PO & PS
    Pynursla, East Khasi Hills District,
    Meghalaya.                                     ......... Appellant/Convict
                                      -Vs-
    
    The State of Meghalaya represented by
    The Public Prosecutor, Shillong, Meghalaya.
                                                   ......... Respondent
    Coram:
                     Hon'ble Mr. Justice W. Diengdoh, Judge
                     Hon'ble Mr. Justice B. Bhattacharjee, Judge
    
    Appearance:
    For the Petitioner/Applicant(s)   :      Ms. D. Warjri, Legal Aid Counsel.
    
    For the Respondent(s)             :      Mr. S. Sengupta, Addl. PP
    
    i)       Whether approved for reporting in                  Yes/No
             Law journals etc.:
    
    ii)      Whether approved for publication
             in press:                                          Yes/No
    
    Per W. Diengdoh, (J):
    
                          JUDGMENT AND ORDER (ORAL)

    1. Heard Ms. D. Warjri, learned Legal Aid Counsel for the

    1
    2026:MLHC:660-DB

    SPONSORED

    appellant/convict, who has submitted that the appellant/convict has preferred an

    appeal before this Court against the impugned judgment dated 21.07.2025 and

    related order of sentence dated 22.08.2025 passed by the Court of the learned

    Special Judge (POCSO), East Khasi Hills District, Shillong in Special (POCSO)

    Case No. 72 of 2021, whereby, he was convicted and sentenced to undergo life

    imprisonment with fine of ₹ 10,000/- (Rupees ten thousand) only for an offence

    punishable under Section 377 IPC, and in default thereof, to undergo an

    additional 6(six) months rigorous imprisonment. The convict is also sentenced

    to 5(five) years imprisonment with fine of ₹ 5000/- (Rupees five thousand) only

    for an offence punishable under Section 506 IPC, and in default of payment of

    fine, to undergo an additional 3(three) months imprisonment, and under Section

    323 IPC, the convict is also sentenced to undergo imprisonment for a period of

    6(six) months with fine of ₹ 1000/- (Rupees one thousand) only, and in default

    of payment of fine, to undergo an additional 2(two) months imprisonment.

    2. However, while preferring an appeal, a delay of 280 days has

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

    appellant/convict, since he belongs to a poor family and uneducated background,

    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

    2
    2026:MLHC:660-DB

    condoned and the appeal be admitted.

    3. Mr. S. Sengupta, learned Addl. PP 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 280 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: 2026.07.06 18:12:51 IST
    



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here