Meghalaya High Court
Mawkyrwat vs Meghalaya on 29 July, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:790-DB
Serial No. 04
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 144 of 2026
Date of Decision: 29.07.2026
Shri. Skendarius Wahlang,
Son of Late Khro Sangriang
Resident of Domsohpian,
South West Khasi Hills District,
Mawkyrwat.
......... Applicant/Accused
-Vs-
The State of Meghalaya represented by the
Public Prosecutor,
East Khasi Hills District, 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, LAC.
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:790-DB
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Ms. D. Warjri, learned Legal Aid Counsel for the applicant,
who has submitted that the applicant/convict has preferred an appeal before this
Court against the impugned judgment dated 28.05.2025 and related order of
sentence dated 06.06.2025 passed by the Court of the learned Special Judge
(POCSO), South West Khasi Hills District, Mawkyrwat in Special (POCSO)
Case No. 23 of 2021, whereby, he was convicted and sentenced to undergo
rigorous imprisonment for a period of 20(twenty) years with fine of ₹ 20,000/-
(Rupees twenty thousand) only, and in default thereof, to undergo further simple
imprisonment of 1(one) month for an offence punishable under Section 5(m)/6
of the POCSO Act.
2. However, while preferring an appeal, a delay of 381 days has
occurred, due to circumstances which is beyond the control of the
applicant/convict, since he belongs from a poor financial background with no
means to file an 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. Mr. R. Gurung, learned GA appearing for the State respondent has
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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 381 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: 2026.07.29 20:10:15 IST
