EPHINA KHONGLAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The applicant has approached this Court with an application under Sec. 439 Cr.P.C. r/w sec. 31 of the POCSO Act with a prayer for grant of bail to the accused person Shri Silvester Khonglah.

(2.) Annexure I to this application is the FIR dtd. 18/12/2020 lodged by Smti Jushila Mawiong before the Officer-In-Charge, Pynursla Police Station, which contents revealed that a complaint was made against the accused person Silvester Khonglah of Iarbamon village who is said to have picked up the minor daughter of the Complainant on 16/12/2020 at about 12.00 am and has taken her to one place called Nongshyrngan near Bri War Resort and there he had sexually assaulted her and dropped her back to her place of stay. The act of sexual assault was also committed on 11/12/2020. This was narrated to the said Complainant by her said minor daughter. However, the said minor daughter has also stated that when the said act was committed, it was with her (minor daughter) consent. The Complainant though has objected to their relationship as according to her knowledge, underage marriage is illegal.

(3.) On lodgment of the said FIR, the police of Pynursla immediately took action and the accused person Silverter Khonglah was arrested on 18/12/2020 itself in connection with Pynursla P.S. Case No 70(12) 2020 u/s 5(l)/6 POCSO Act and investigation was launched accordingly.