1 Serial No. 02 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 132 of 2024 Date of Decision: 13.06.2025 Shri. Emlang Dkhar aged about 38 years Son of (L) E. Phawa, Resident of Iongkaluh Village, Khliehriat, East Jaintia Hills District, Meghalaya. (At present serving the sentence of rigorous imprisonment) ::::: APPLICANT -Vs- 1. STATE OF MEGHALAYA 2. Miss X ::::: OPPOSITE PARTIES Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Ms. K. Nongkhlaw, Adv. vice Mr. J.M. Thangkhiew, Adv. For the Respondent(s) : Mr. K. Khan, PP with Mr. S. Sengupta, Addl. PP. Mr. A.H. Kharwanlang, Addl. PP. i) Whether approved for reporting in Yes/No 2025:MLHC:501-DB 2 Law journals etc.: ii) Whether approved for publication in press: Yes/No Per W. Diengdoh, (J): JUDGMENT AND ORDER (ORAL) 1. Ms. K. Nongkhlaw, learned counsel for the applicant has submitted that the notice issued upon the respondent No. 2/complainant has been duly affected. 2. The State respondent is represented by Mr. K. Khan, learned PP assisted by Mr. S. Sengupta and Mr. A.H. Kharwanlang, learned Addl. PP. 3. It is the submission of the learned counsel for the applicant that the applicant had preferred an appeal, being aggrieved by the impugned judgment and order of sentence dated 10.04.2024 passed by the Court of the learned Special Judge (POCSO) at Khliehriat, East Jaintia Hills District, Meghalaya in Spl. POCSO Case No. 2 of 2021. However, while preferring the appeal, a delay of 176 days has occurred, the cause for the delay is due to inconvenience faced by the applicant. It is therefore prayed that this application for condonation be allowed and the appeal be brought on board. 4. The learned PP, in all fairness, looking into the merits of the appeal has conceded that there is no objection on the part of the State 2025:MLHC:501-DB 3 respondent as far as the prayer for condonation of delay is concerned. 5. It is also to be noted that none has appeared on behalf of the respondent No. 2/complainant. Accordingly, this matter shall proceed ex- parte against the said respondent. 6. We have considered the prayer made by the learned counsel for the applicant and we find that the grounds made out contain sufficient cause. Accordingly, the delay of 176 days in preferring the appeal is condoned. 7. Misc. Case stands disposed of. 8. Registry is directed to diarize the appeal and list it for admission after 1(one) week. (B. Bhattacharjee) (W. Diengdoh) Judge Judge 2025:MLHC:501-DB Digitally signed by DARIKORDOR NARY Date: 2025.06.13 18:34:24 IST