Meghalaya High Court

Crl.M.C./158/2026 of HEIMONMI PAKMA Vs STATE OF MEGHALAYA on 29 July 2026

2026:MLHC:788

No. 04 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 158 of 2026 Date of Decision: 29.07.2026 Shri. Heimonmi Pakma, 31 years Son of Smti. Len Pakma Resident of Mooralang, Jowai District West Jaintia Hills, Meghalaya. .…….. Appellant -Vs- State of Meghalaya

Serial No. 04

Supplementary List

HIGH COURT OF MEGHALAYA

AT SHILLONG

Crl.M.C. No. 158 of 2026

Date of Decision: 29.07.2026

Shri. Heimonmi Pakma, 31 years

Son of Smti. Len Pakma

Resident of Mooralang, Jowai

District West Jaintia Hills,

Meghalaya.

.…….. Appellant

-Vs-

State of Meghalaya represented by its

Secretary Home (Police) Department

Meghalaya.

……… Respondent

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.

For the Respondent(s)

:

Mr. A. Khan, GA.

Mr. S.A. Sheikh, GA.

i)

Whether approved for reporting in

Yes/No

Law journals etc.:

ii)

Whether approved for publication

in press:

Yes/No

Page 1 of 3

Per W. Diengdoh, (J):

JUDGMENT AND ORDER (ORAL)

1. Heard Mr. M.F. Qurehsi, learned Legal Aid Counsel for the applicant, who has submitted that the applicant/convict has preferred an appeal before this Court against the impugned judgment dated 19.06.2023 and related order of sentence dated 03.08.2023 passed by the Court of the learned Special Judge (POCSO), West Jaintia Hills District, Jowai in Special (POCSO) Case No. 35 of 2020, whereby, he was convicted and sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with fine of ₹ 10,000/- (Rupees ten thousand) only, and in default thereof, to undergo further simple imprisonment of 1(one) month for an offence punishable under Section 4 of the POCSO Act. Additionally, the applicant is also convicted under Section 323 IPC and imposed a fine of ₹ 500/- (Rupees five hundred) only, and in default of payment of fine, to undergo simple imprisonment of 20(twenty) days.

2. However, while preferring an appeal, a delay of 1029 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 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

Page 2 of 3

admitted.

3. Mr. A. Khan, 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 1029 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: 2026.07.29 20:19:56 IST Signature Not Verified

Page 3 of 3

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