Research › Search › Judgment

High Court of Meghalaya · body

2025 DAILYLAW 626 (MEG)

DAMEIALAMLYNTI SHADAP v. STATE OF MEGHALAYA

Crl.M.C./18/2025 · 2025-03-19

B Bhattacharjee, W Diengdoh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 18 of 2025 Date of Decision: 19.03.2025 Shri. Dameialamlynti Shadap Son of Smti. Lil Shadap Resident of: Kyrdem Village, P.S: Umiam, District: Ri-Bhoi, Meghalaya ..…Applicant - Vs- The State of Meghalaya Through the Public Prosecutor ……Opposite Party/Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. S.D. Upadhaya, Legal Aid Counsel For the Respondent(s) : Mr. J. Thabah, GA Ms. S. Bhattacharjee, GA i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No ORDER (ORAL) Heard Mr. S.D. Upadhaya, learned Legal Aid Counsel who has submitted that the applicant herein has preferred an appeal against the judgment dated 29.03.2023 as well as the order of sentence dated 2025:MLHC:190-DB 2 13.04.2023 passed by the learned Special Judge (POCSO), Ri Bhoi District in POCSO Case No. 51 of 2018. Further, in preferring such appeal a delay of 639 days has occurred. The reasons for the delay is due to illiteracy of the applicant/appellant as well as the financial unsoundness of the family concerned who were unable to seek legal advice. It is therefore, prayed that the delay may be condoned and the appeal be heard on merits. Mr. J. Thabah, learned GA appears for the State respondent. We have considered the submission and we are of the view that the merits of the appeal is to be heard. Since sufficient cause has been shown for the delay, accordingly, this application is allowed. The delay in preferring the appeal is condoned. Registry is directed to diarize the appeal and list the matter for admission on the next date fixed. List this matter after 1(one) week. (B. Bhattacharjee) (W. Diengdoh) Judge Judge 2025:MLHC:190-DB Digitally signed by TIPRILYNTI KHARKONGOR Date: 2025.03.20 18:10:16 PDT