Meghalaya High Court
Crl.M.C./199/2026 of JAMESON KHARBYNGAR Vs STATE OF MEGHALAYA on 7 September 2026
2026:MLHC:986
No. 04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 199 of 2026 Date of Decision: 07.09.2026 Shri. Jameson Kharbyngar, 33 years Son of Shri. Khrawbok Nongkhlaw Resident of Smit Nongkrem Village District East Khasi Hills Meghalaya. .…….. Petitioner -Vs- State of
Serial No. 04
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 199 of 2026
Date of Decision: 07.09.2026
Shri. Jameson Kharbyngar, 33 years
Son of Shri. Khrawbok Nongkhlaw
Resident of Smit Nongkrem Village
District East Khasi Hills
Meghalaya.
.…….. Petitioner
-Vs-
State of Meghalaya represented by its Secretary Home (Police) Department Meghalaya.
……… Opposite Party
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Applicant(s)
:
Mr. M.F. Qureshi, LAC.
Mr. L. Koch, Adv.
For the Respondent(s)
:
Mrs. N.G. Shylla, PP with
Ms. I. Lyngwa, 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 Mr. M.F. Qureshi, learned Legal Aid Counsel for the
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applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment dated 17.03.2026 and related order of sentence dated 18.03.2026 passed by the Court of the learned Special Judge (POCSO), East Khasi Hills District, Shillong in Special POCSO Case No. 6 of 2016, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 25(twenty-five) years with fine of ₹ 30,000/- (Rupees thirty thousand) only, and in default thereof, to undergo further imprisonment of 4(four) months for an offence punishable under Section 6 of the POCSO Act.
2. However, while preferring an appeal, a delay of 103 days has occurred, due to circumstances which is beyond the control of the applicant/convict, wherein, his family members did not come forward to assist him to file an appeal, and also, they were not having sufficient means 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 PP assisted by Ms. I. Lyngwa, 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
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this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 103 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
2026:MLHC:986-DB Digitally signed by DARIKORDOR NARY Date: 2026.09.07 17:47:01 IST Signature Not Verified
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