ATEN MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) An FIR dtd. 7/5/2022 was lodged by one Shri Telbi D. Sangma (respondent No.2) before the Officer-In-Charge Tura Women Police Station wherein, an incident which occurred on 26/4/2022 in which the cousin sister of the complainant aged about 14 years old and who is also said to be mentally retarded was raped by the petitioner herein. The incident occurred at Abisella Bolchugre, West Garo Hills. It is also further stated that the incident was witnessed by the uncle of the victim girl.

(2.) On receipt of the said FIR, Tura Women PS Case No. 57(5) of 2022 under Sec. 5(k)/6 of the POCSO Act was registered. The Investigating Officer (I/O) who was entrusted with the investigation of the case has accordingly proceeded as per procedure and has firstly made arrangement for medical examination of the victim at the Maternity and Child Hospital, Tura on 6/5/2022. Thereafter, the I/O has also recorded the statement of the victim as well as the relevant witnesses to the case. The I/O however, could not apprehend the accused/petitioner as he could not be found in his place of residence.

(3.) The petitioner in the meantime, apprehending arrest in connection with the abovementioned case, had approached the court of the learned Special Judge (POCSO) West Garo Hills, Tura with a prayer for grant of pre-arrest bail but the same was rejected without being heard on merits. The petitioner has accordingly now approached this Court with this instant application under Sec. 438 Cr.PC with a prayer for grant of anticipatory bail.