Meghalaya High Court
Crl.M.C./79/2026 of KAMAL RABHA Vs STATE OF MEGHALAYA on 30 April 2026
No. 04 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 79 of 2026 Date of Decision: 30.04.2026 Shri. Kamal Rabha S/o (L) Hera Rabha R/o Barduar Bagan Bazar, P.S Mirza Police Station, Kamrup District, Assam. …….. Petitioner - Vs- State of Meghalaya through the
Serial No. 04
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 79 of 2026
Date of Decision: 30.04.2026
Shri. Kamal Rabha
S/o (L) Hera Rabha
R/o Barduar Bagan Bazar,
P.S Mirza Police Station,
Kamrup District,
Assam.
…….. Petitioner
- 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
Appearance:
For the Petitioner/Appellant(s)
:
Mr. S. Chanda, Legal Aid Counsel.
For the Respondent(s)
:
Mr. E.R. Chyne, GA.
i)
Whether approved for reporting in
Yes/No
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ii)
Whether approved for publication
in press:
Yes/No
JUDGMENT AND ORDER (ORAL)
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1. Heard Mr. S. Chanda, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has filed an appeal before this Court, being aggrieved and dissatisfied by the impugned judgment dated 13.12.2022 and related order of sentence dated 22.12.2022 passed by the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh in POCSO Case No. 9 of 2017 under Section 8 of the POCSO Act and under Section 341/354/506 IPC, whereby, he was convicted and directed to undergo imprisonment for a period of 3(three) years with fine of ₹ 10,000/- (Rupees ten thousand) only, under Section 354 IPC, rigorous imprisonment for a period of 3(three) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, under Section 392 IPC, rigorous imprisonment for a period of 4(four) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, under Section 394 IPC. In default of payment of fine, to undergo another 1(one) month imprisonment for each default.
2. However, while preferring an appeal, a delay of 1172 days has occurred, due to circumstances which is beyond the control of the applicant, being an indigent person with no support from his family members/relatives, 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 a Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.
3. Mr. E.R. Chyne, 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, this Court is inclined to allow this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 1172 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.
Judge
Digitally signed by DARIKORDOR NARY Date: 2026.04.30 16:36:26 IST Signature Not Verified