KNESLIDY IAWPHNIAW Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. B. Deb, who has submitted that the affidavit-of-service on the respondent No. 2 has been filed indicating that the respondent No. 2 has received the notice issued. However, the respondent No. 2 has failed to appear before this Court today and as such, as prayed, this matter shall proceed ex-parte against the respondent No. 2. It is however evident that the course of the respondent No. 2 will also be espouse by the respondent No. 1.

(2.) Mr. B. Deb has also submitted that on 27/10/2019 the respondent No. 1 had lodged an FIR before the Officer In-Charge Mawkyrwat PS, South West Khasi Hills with the information that the son of the petitioner herein, Khrawkupar Iawphniaw had raped her minor daughter aged about 12 years at their residence on 26/10/2019. The accused is also the step-father of the minor victim.

(3.) Accordingly, Mawkyrwat PS Case No. 28(10)2019 under sec. 5(n)/6 POCSO Act was registered and investigation launched. The Investigating Officer (I/O) has then filed the chargesheet indicating that there is prima facie case well established against the accused and he was sent to stand trial before the trial court. The matter was then taken up by the learned Special Judge POCSO, Mawkyrwat in Special POCSO Case No. 2 of 2022.