MANIK SUNAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) An FIR dtd. 15/2/2020 was filed by the petitioner No. 3 before the Officer-in-Charge, Lumdiengjri Police Station reporting that his daughter aged about 16 years was missing since the previous day but was however brought back the next day by the petitioner No. 1 herein. It is alleged that the petitioner No. 1 is the perpetrator who had abducted the minor daughter of the complainant and who has also raped her in the process.

(2.) Investigation was accordingly launched and the statement of the relevant witnesses including the alleged victim was recorded, both under Sec. 161 as well as under Sec. 164 Cr.PC.

(3.) On completion of the investigation, the Investigating Officer (I/O) has filed the chargesheet indicating that a prima facie case under Sec. 363 IPC read with Sec. 3(a)/4/9(n)/10 of the POCSO Act, 2012 is found well established against the petitioner No. 1 herein. Interestingly, on the basis of the statement of the alleged victim where she has made certain allegations against the petitioner No. 3 herein who is also her father as well as the complainant in the case, the I/O has also impleaded him as an accused in the case, finding that a case under Sec. 7/8 of the POCSO Act is found well established against the father.