Meghalaya High Court

Crl.M.C./2/2026 of EIMIKI KYNDAIT Vs STATE OF MEGHALAYA on 28 January 2026

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OF MEGHALAYA AT SHILLONG Crl. MC No.2 of 2026 Date of order: 28.01.2026 Shri Eimiki Kyndait S/o (L) Holi Khynriam R/o Madantyrpait village, P.S. Nartiang, West Jaintia Hills District, Meghalaya ….Appellant Vs State of Meghalaya Represented by the Learned Special Public Prosecutor

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HIGH COURT OF MEGHALAYA AT SHILLONG

Crl. MC No.2 of 2026 Date of order: 28.01.2026

Shri Eimiki Kyndait S/o (L) Holi Khynriam R/o Madantyrpait village, P.S. Nartiang, West Jaintia Hills District, Meghalaya

….Appellant

Vs

State of Meghalaya Represented by the Learned Special Public Prosecutor (POCSO) for the State …. Respondent

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge

i) Whether approved for reporting in

Yes/No

Law journals etc.: ii) Whether approved for publication

in press:

Yes/No

For the Petitioner/Appellant(s) : Mr. B. Deb, Adv For the Respondent(s) : Mr. A.H. Kharwanlang, Addl. PP

Mr. J.N. Rynjah, GA

ORDER (ORAL)

Mr. B. Deb, learned counsel for the petitioner who has submitted that the petitioner herein being aggrieved by the judgment and order dated 31. 07. 2025 and the related sentence dated 04.08.2025 passed by the learned Special Judge (POCSO) West Jaintia Hills District, Jowai in Serial No. 04 Regular List 2026:MLHC:12-DB

Special (POCSO) case No. 13 of 2021 contemplates to file an appeal against such judgment before this Court. However, after the order of conviction, the petitioner being incarcerated in custody is not able to mobilise resources to engage a counsel. It is only on 15. 12. 2025 that the family members of the petitioner are able to engage the present counsel to file an appeal thereby a delay of 109 days in filing the said appeal has occurred.

It is prayed that the delay may be condoned and the appeal may be admitted.

Mr. A.H. Kharwanlang, Addl. PP has accepted notice and appeared on behalf of the state respondent.

On consideration of the submission made, we find that sufficient cause has been shown for condonation of such delay.

Accordingly, prayer made in this petition is allowed.

The delay of 109 days in preferring the related appeal is hereby condoned.

Petition disposed of. The Registry is to diarize the appeal and list the same for admission after 1(one) week.

(B. Bhattacharjee) (W. Diengdoh) Judge Judge

Meghalaya 28.01.2026 “Khraw”

2026:MLHC:12-DB Digitally signed by KHRAWDAPBOR BUHPHANG Date: 2026.01.28 20:11:33 IST Signature Not Verified

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