Meghalaya vs Nongstoin on 29 July, 2026

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    Meghalaya High Court

    Meghalaya vs Nongstoin on 29 July, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                 2026:MLHC:789-DB
    
    
    
         Serial No. 05
         Supplementary List
    
    
    
                              HIGH COURT OF MEGHALAYA
                                  AT SHILLONG
    
    Crl.M.C. No. 159 of 2026
                                                        Date of Decision: 29.07.2026
    Shri. Iaidlang Lyngdoh Kynshi,
    S/o Shri (L) Drinshon Lyngdoh Nongrang,
    R/o Thangmaw Village,
    P.S Mairang,
    Eastern West Khasi Hills District,
    Meghalaya.
                                                          ......... Applicant
                                      -Vs-
    
    State of Meghalaya through
    Superintendent of Police,
    West Khasi Hills District,
    Nongstoin, Meghalaya.
                                                          ......... Respondent
    Coram:
                    Hon'ble Mr. Justice W. Diengdoh, Judge
                    Hon'ble Mr. Justice B. Bhattacharjee, Judge
    
    Appearance:
    For the Petitioner/Applicant(s)   :      Ms. C.R. Marak, Adv. vice
                                             Ms. S. Nongsiej, LAC.
    
    For the Respondent(s)             :      Mr. Atiar S. Dey, GA.
    
    i)       Whether approved for reporting in                  Yes/No
             Law journals etc.:
    
    ii)      Whether approved for publication
             in press:                                          Yes/No
    
    
                                             1
                                                                 2026:MLHC:789-DB
    
    
    
    Per W. Diengdoh, (J):
    
                        JUDGMENT AND ORDER (ORAL)

    1. Heard Ms. C.R. Marak, learned counsel appearing on behalf of Ms.

    S. Nongsiej, learned Legal Aid Counsel for the applicant, who has submitted

    SPONSORED

    that the applicant/convict has preferred an appeal before this Court against the

    impugned judgment dated 01.12.2025 and related order of sentence dated

    05.12.2025 passed by the Court of the learned Special Judge (POCSO), West

    Khasi Hills District, Nongstoin in Special (POCSO) Case No. 16 of 2024,

    whereby, he was convicted and sentenced to undergo rigorous imprisonment for

    a period of 20(twenty) years with fine of ₹ 50,000/- (Rupees fifty thousand) only,

    and in default thereof, to undergo further simple imprisonment of 6(six) months

    for an offence punishable under Section 5(m)(n)/6 of the POCSO Act.

    2. However, while preferring an appeal, a delay of 178 days has

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

    applicant/convict, since he belongs to the below poverty line working as a daily

    labourer, and his family members are also 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. Mr. Atiar S. Dey, learned GA appearing for the State respondent has

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    2026:MLHC:789-DB

    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 178 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 20:21:35 IST
    



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