Yesterning Marngar v. State of Meghalaya

JUDGMENT AND ORDER (ORAL)

¶1Heard Ms. C.R. Marak, learned counsel appearing on behalf of Ms. S. Nongsiej, 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 and related order of sentence dated 29.02.2024 passed by the Court of the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 16 of 2023, whereby, he was convicted and sentenced to undergo minimum rigorous imprisonment for a period of 20(twenty) years with fine of ₹ 50,000/- (Rupees fifty thousand) only, and in default thereof, to undergo further simple imprisonment of 3(three) months for an offence punishable under Section 6 of the POCSO Act, for an offence punishable under Section 10 POCSO Act, the applicant/convict is sentenced to suffer minimum rigorous imprisonment of 5(five) years with fine of ₹ 20,000/- (Rupees twenty thousand) only, and in default of payment of fine, to undergo further 2(two) months simple imprisonment, and for the offence punishable under Section 506 IPC Second Part, the applicant/convict is sentenced to undergo minimum rigorous imprisonment for a period of 2(two) years with fine of ₹ 10,000/- (Rupees ten thousand) only, and in default of payment of fine, to undergo further simple imprisonment of 1(one) month.

¶2However, while preferring an appeal, a delay of 816 days has

occurred, due to circumstances which is beyond the control of the applicant/convict, since he belongs to the below poverty line working as a daily labourer, and his family members are also not aware of his legal rights to file 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 admitted.

¶3Mr. Atiar S. Dey, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.

¶4On 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 816 days in preferring the appeal is hereby condoned.

¶5Registry is directed to diarize the appeal and list it for admission after 1(one) week.

¶6Misc. Case disposed of.

(B. Bhattacharjee) (W. Diengdoh)

Judge Judge

Date: 2026.07.29 20:16:49 IST

Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 155 of 2026 Date of Decision: 29.07.2026 Shri. Yesterning Marngar, S/o Shri (L) K. Khardewsaw, R/o Rwiang Village, P.S Nongstoin, West Khasi Hills District, Meghalaya. .…….. Applicant -Vs- State of Meghalaya through Superintendent of Police, West Khasi Hills District, Nongstoin, Meghalaya. ……… Respondent Coram: Hon'ble Mr. Justice W. Diengdoh, Judge Hon'ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Ms. C.R. Marak, Adv. vice Ms. S. Nongsiej, LAC. For the Respondent(s) : Mr. Atiar S. Dey, GA. i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: Per W. Diengdoh, (J):