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2026 DAILYLAW 435 (MEG)

EMVYRIS DKHAR v. THE STATE OF MEGHALAYA

Crl.M.C./112/2026 · 2026-07-08

B Bhattacharjee, W Diengdoh

body2026

Judgment text

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1 Serial No. 07 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 112 of 2026 Date of Decision: 08.07.2026 Shri. Emvyris Dkhar Son of Smti. Agnes Dkhar Resident of Mooralong Jowai West Jaintia Hills District, Meghalaya. .…….. Appellant/Accused -Vs- The State of Meghalaya represented by The Public Prosecutor, East Khasi Hills District, Shillong, Meghalaya. ……… Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Ms. D.M. Warjri, Legal Aid Counsel For the Respondent(s) : Mr. R. Gurung i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No 2026:MLHC:680-DB 2 Per W. Diengdoh, (J): JUDGMENT AND ORDER (ORAL) 1. Heard Ms. D.M. Warjri, 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 07.03.2022 passed by the Court of the learned Special Judge (POCSO), East Jaintia Hills District, Khliehriat in Special (POCSO) Case No. 66 of 2020. 2. However, while preferring an appeal, a delay of 1509 days has occurred, due to circumstances which is beyond the control of the applicant, since he hails from a remote village with uneducated background and lacking financial capacity, 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 this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 1509 days in preferring the appeal is 2026:MLHC:680-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:680-DB Digitally signed by DARIKORDOR NARY Date: 2026.07.08 19:07:07 IST