SEBASTIAN KHARJANA v. THE STATE OF MEGHALAYA AND ANR.
Court: High Court of Meghalaya
Bench: HON'BLE MR. JUSTICE W. DIENGDOH,HON'BLE MR. JUSTICE B. BHATTACHARJEE
Judgment date:
Case summary
High Court of Meghalaya judgment dated 2026-04-27. SEBASTIAN KHARJANA v. THE STATE OF MEGHALAYA AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
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 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 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. 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
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