SONGTHA DKHAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This petition has been filed by Smt. Songtha Dkhar under Article 226 of the Constitution of India, inter alia, with the prayer that the respondents be directed to forthwith conduct and conclude the investigation in Jowai P.S. Case No. 184(08)2018 under Sections 7/8 enforcing all the relevant provisions of Protection of Children from Sexual Offences Act.

(2.) The background facts given in the petition are that on 06.07.2016, daughter of the petitioner who was a minor at the time of the incident and that respondent No. 5 Shri Hepsing Dhar pretending to be a doctor, took her daughter for medical examination to another room and committed rape upon her. An FIR was lodged against him by the petitioner which was registered as Jowai P.S. Case No. 184(08)2018 under Sections 7/8 of the POCSO Act. During the investigation of that FIR, respondent No. 5 was arrested by the police on 07.08.2018. The allegation is that the police conducted the investigation in a casual manner and no real efforts were made to complete the investigation in time. As a result, the respondent No. 5 was released on default bail on 22.10.2018 as the police failed to put up charge sheet within the prescribed statutory period. The Investigating Officer thereafter submitted a closure report without any proper investigation with the conclusion that there was lack of evidence.

(3.) The court of Special Judge (POCSO) in Jowai P.S. Case No. 184(8) 2018 (G.R. Case No. 213/2018) vide order dated 03.10.2019 rejected the closure report and directed further investigation. For facility of reference order dated 03.10.2019 is reproduced hereunder: