Meghalaya High Court
Crl.M.C./77/2026 of ELBI KHARKONGOR Vs STATE OF MEGHALAYA on 6 May 2026
2026:MLHC:425
No. 09 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 77 of 2026 Date of Decision: 06.05.2026 Shri. Elbi Kharkongor Son of Shri. Salen Warjri, R/o Nongkseh Umpynhar, Mairang, West Khasi Hills District, Meghalaya. Presently serving sentence in District Prisons &
Serial No. 09
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 77 of 2026
Date of Decision: 06.05.2026
Shri. Elbi Kharkongor
Son of Shri. Salen Warjri,
R/o Nongkseh Umpynhar, Mairang,
West Khasi Hills District, Meghalaya.
Presently serving sentence in
District Prisons & Correctional Services, Shillong
.…….. Applicant/Petitioner
-Vs-
State of Meghalaya
(Through the Public Prosecutor)
………… Respondent
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Applicant(s)
:
Mr. R.H. Alice, Legal Aid Counsel.
For the Respondent(s)
:
Mr. H. Kharmih, Addl. PP.
Mr. S. Sengupta, Addl. PP.
i)
Whether approved for reporting in
Yes/No
Law journals etc.:
ii)
Whether approved for publication
in press:
Yes/No
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Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. R.H. Alice, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment and related order of sentence dated 27.02.2020 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 23 of 2018, whereby he was convicted to undergo rigorous imprisonment for a period of 20(twenty) years with fine of ₹ 10,000/- (Rupees ten thousand) only, for an offence punishable under Section 6 of the POCSO Act and also for the offence under Section 506 II IPC. In default of payment of fine, to undergo simple imprisonment of 2(two) months.
2. However, while preferring an appeal, a delay of 2192 days has occurred, due to circumstances which is beyond the control of the applicant, since he belongs to a poor family and has no means to engage a private counsel, as such, he could not prefer an appeal within the statutory period. 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. Mr. H. Kharmih, learned Addl. PP appearing for the State respondent
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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 2192 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: 2026.05.06 17:42:19 IST Signature Not Verified
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