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2026 DAILYLAW 227 (MEG)

SAMUEL THABAH v. STATE OF MEGHALAYA

Crl.M.C./66/2026 · 2026-04-27

B Bhattacharjee, W Diengdoh

body2026

Judgment text

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1 Serial No. 04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 66 of 2026 Date of Decision: 27.04.2026 Shri. Samuel Thabah, S/o (L) S. Shongwan, R/o Laitkynsew Village, Sohra, East Khasi Hills District, Meghalaya. .…….. Applicant -Vs- State of Meghalaya represented by the Public Prosecutor/Special 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. S. Deb, 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:404-DB 2 Per W. Diengdoh, (J): JUDGMENT AND ORDER (ORAL) 1. Heard Mr. S. Deb, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment dated 25.06.2025 and related order of sentence dated 26.06.2025 passed by the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh in Special (POCSO) Case No. 2 of 2020. 2. However, while preferring an appeal, a delay of 238 days has occurred, due to circumstances which is beyond the control of the applicant, since he is aged, uneducated and coming from a poor financial background, is 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. 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 2026:MLHC:404-DB 3 this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 238 days in preferring the appeal is 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:404-DB Digitally signed by DARIKORDOR NARY Date: 2026.04.27 19:10:02 IST