Meghalaya High Court
Crl.M.C./201/2026 of BRINGSTARWELL KHARBANI Vs THE STATE OF MEGHALAYA on 7 September 2026
2026:MLHC:987
No. 05 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 201 of 2026 Date of Decision: 07.09.2026 Shri. Bringstarwell Kharbani, S/o Smti, Jedralis Kharbani, R/o Mawrangkang Pongkung Village, East Khasi Hills District, Meghalaya. .…….. Applicant -Vs- The State of Meghalaya
Serial No. 05
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 201 of 2026
Date of Decision: 07.09.2026
Shri. Bringstarwell Kharbani,
S/o Smti, Jedralis Kharbani,
R/o Mawrangkang Pongkung Village,
East Khasi Hills District,
Meghalaya.
.…….. Applicant
-Vs-
The State of Meghalaya through the
Public Prosecutor,
The High Court of Meghalaya,
At Shillong.
……… Opposite Party
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Applicant(s)
:
Mr. E. Laloo, LAC.
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. E. Laloo, learned Legal Aid Counsel for the applicant, who
Page 1 of 3
has submitted that the applicant has preferred an appeal before this Court against the impugned judgment and related order of sentence dated 11.05.2023 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 20/2020, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 25(twenty-five) 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 6 of the POCSO Act. The applicant is also convicted and sentenced to undergo simple imprisonment for a period of 1(one) year with fine of ₹ 1000/- (Rupees one thousand) only, and in default of payment of fine, to undergo further simple imprisonment of 1(one) month for an offence punishable under Section 506 Part-I IPC.
2. However, while preferring an appeal, a delay of 1148 days has occurred, due to circumstances which is beyond the control of the applicant, being a daily wage labourer and economically backward and illiterate, 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 PP assisted by Ms. I. Lyngwa, learned Addl. PP appearing for the State respondent has no objection to the prayer for
Page 2 of 3
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 1148 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
Digitally signed by DARIKORDOR NARY Date: 2026.09.07 17:48:47 IST Signature Not Verified
Page 3 of 3
Loading citations and judicial treatment…