GENTLYNESS PASLEIN v. STATE OF MEGHALAYA
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 2026-07-13. GENTLYNESS PASLEIN v. STATE OF MEGHALAYA. 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. 129 of 2026 Date of Decision: 13. 07. 2026 Shri. Gentlyness Paslein Son of Smti. Phsan Paslein (Convict presently serving sentence in Correctional Home & Prisons, Jowai) Resident of Nongryngkoh, West Jaintia Hills District, Meghalaya. . …….. Applicant -Vs- State of Meghalaya through the Commissioner & Secretary to the Government of Meghalaya, Department of Home (Police), Civil Secretariat, Shillong) ……… Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Ms. N. M. Kharshemlang, LAC. 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. N. M.
Kharshemlang, 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 13. 10. 2025 and related order of sentence dated 16. 10. 2025 passed by the Court of the learned Special Judge (POCSO), West Jaintia Hills District, Jowai in Special (POCSO) Case No. 6 of 2016, whereby, he was convicted and sentenced to undergo imprisonment for a period of 12(twelve) years with fine of ₹ 10,000/- (Rupees ten thousand) only, and in default thereof, to undergo another 6(six) months imprisonment for an offence punishable under Section 4 of the POCSO Act. 2. However, while preferring an appeal, a delay of 205 days has occurred, due to circumstances which is beyond the control of the applicant, lacking financial support and has no means to engage a private counsel, as such, he could not prefer an appeal within the statutory period.
Thus, 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 205 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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