Meghalaya High Court

Crl.M.C./28/2026 of RITOS MAWLONG Vs STATE OF MEGHALAYA AND ANR. on 18 March 2026

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No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 28 of 2026 Date of Decision: 18.03.2026 Shri. Ritos Mawlong Aged 68 years S/o (L) Kishmal Buhsan R/o Mawbeh Village, Sohra, East Khasi Hills District, Meghalaya. ……….. Accused/Appellant -Vs- 1. State of

Serial No. 01

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

Crl.M.C. No. 28 of 2026

Date of Decision: 18.03.2026

Shri. Ritos Mawlong

Aged 68 years

S/o (L) Kishmal Buhsan

R/o Mawbeh Village, Sohra,

East Khasi Hills District,

Meghalaya.

……….. Accused/Appellant

-Vs-

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1. State of Meghalaya Represented by the Public Prosecutor, Govt. of Meghalaya.

2. Shri. XXX

The Complainant/Father of the Victim,

Special Judge (POCSO) Case No. 28 of

2016, arising out of Sohra P.S. Case No.

5 (3) 2016,

Through the Investigating Officer of the case, C/o Officer-in-Charge, Sohra Police Station, East Khasi Hills District, Sohra, Meghalaya.

………… Respondents

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Hon’ble Mr. Justice B. Bhattacharjee, Judge

Appearance: For the Petitioner/Applicant(s) : Ms. P. Agarwal, Legal Aid Counsel.

For the Respondent(s)

: 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

Per W. Diengdoh, (J):

JUDGMENT AND ORDER (ORAL)

1. Heard Ms. P. Agarwal, learned Legal Aid Counsel, who has submitted that the accused/appellant has preferred an appeal before this Court against the impugned judgment dated 27.11.2025 and related order of sentence dated 28.11.2025 passed by the Court of the learned Special Judge (POCSO), East Khasi Hills District, Sohra in Special (POCSO) Case No. 28 of 2016, wherein, he was directed to undergo rigorous imprisonment for a period of 10(ten) years with fine of ₹ 5000/- (Rupees five thousand) only, and in default thereof, to undergo another 6(six) months for an offence punishable under Section 6 of the POCSO Act.

2. However, while preferring an appeal, a delay of 41 days has occurred, the reason being that the accused/appellant is an illiterate person belonging to a poor and uneducated background and has no means to engage a counsel. Thereafter, a Legal Aid Counsel was provided to him, and eventually, the appeal was prepared by the Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.

3. Mr. S. Sengupta, learned Addl. PP appearing for the State respondent has no objection to the admission of the appeal.

4. On consideration of the submission made, we find that there are good grounds for the appeal to be heard on merits. Accordingly, the delay of 41 days in preferring the appeal is hereby condoned.

5. Registry is directed to diarize the appeal and list it for admission on 25.03.2026.

6. Misc. Case disposed of.

(B. Bhattacharjee) (W. Diengdoh)

Judge Judge

Digitally signed by DARIKORDOR NARY Date: 2026.03.18 18:58:56 IST Signature Not Verified

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