SHAIBORLANG NONGBRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C for grant of bail to the applicant Shri Shaiborlang Nongbri who was arrested on allegation that he has sexually assaulted a minor girl aged about 14(fourteen) years, for which on the basis of the FIR lodged on 25/8/2021, by the aunt of the victim girl on receipt of which the Officer-in-Charge Madanrting Police Station had caused registration of a police case being Madanrting P.S. Case No. 119 (8) 2021 under Sec. 3(a)/4 POCSO Act, 2012.

(2.) The contents of the FIR indicates that the complainant therein who is the aunt of the alleged victim girl had reported that on 19/8/2021 when her niece who is the alleged victim girl was alone at her home, suddenly in the afternoon the accused/applicant suddenly forcefully entered the house and raped the alleged victim girl who had struggled to get free, but because of the fact that she is weaker than him, she was unable to do so. Further, on 20/8/2021, the accused/applicant further threatened the alleged victim girl to the extent that she should not get married to any man since she is now his wife and that he will assault the man who will be married to her. Request is made to the police to take necessary action following which the accused/applicant was arrested on 25/8/2021.

(3.) On investigation being completed, the I/O amongst other things having taken down the statement of the complainant, the alleged victim girl and other relevant witnesses, the Final Form under Sec. 173 Cr.P.C was prepared and charge sheet No. 36/2021 dtd. 22/10/2021 was filed before the Court stating inter alia, that on the basis of the investigation conducted, a prima facie case was found well established against the accused who is said to have committed an offence under Ss. 7/8 of the POCSO Act, 2012 and is accordingly forwarded to the Court to stand trial.