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2026 DAILYLAW 189 (MEG)

CHARLES KHARRASWAI v. STATE OF MEGHALAYA

Crl.M.C./53/2026 · 2026-04-15

B Bhattacharjee, W Diengdoh

body2026

Judgment text

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1 Serial No. 05 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 53 of 2026 Date of Decision: 15.04.2026 Shri. Charles Kharraswai, Son of (L) L. Kharlyngdoh, R/o Nonglang Village, Mawkyrwat, South West Khasi Hills District, Meghalaya. Presently serving sentence in District Prisons & Correctional Services, Shillong. .…….. Appellant/Petitioner -Vs- State of Meghalaya (Through the Public Prosecutor) ………… Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Mr. R.H. Alice, Legal Aid Counsel. For the Respondent(s) : Mr. R. Gurung, GA. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No 2026:MLHC:333-DB 2 Per W. Diengdoh, (J): JUDGMENT AND ORDER (ORAL) 1. Heard Mr. R.H. Alice, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment and related order of sentence dated 31.01.2024 passed by the Court of the learned Special Judge (POCSO), South West Khasi Hills District, Mawkyrwat in Special (POCSO) Case No. 7 of 2021 under Section 5(m)/6 of the POCSO Act. 2. However, while preferring an appeal, a delay of 732 days has occurred, due to circumstances which is beyond the control of the applicant/convict, since he belongs to a poor family and has no means to engage a private counsel, as such, he could not prefer an appeal within the statutory period. 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. 3. Mr. R. Gurung, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay. 4. On 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 732 days in preferring the appeal is 2026:MLHC:333-DB 3 hereby condoned. 5. Registry is directed to diarize the appeal and list it for admission after 1(one) week. 6. Misc. Case disposed of. (B. Bhattacharjee) (W. Diengdoh) Judge Judge 2026:MLHC:333-DB Digitally signed by DARIKORDOR NARY Date: 2026.04.15 18:38:45 IST