KWANTAR KHONGSIT Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Ms. A. Syiem, learned counsel for the petitioners who has submitted that the petitioner No. 1 and the petitioner No. 2 herein are husband and wife, presently residing at Mawryngkang village, Pynursla. The two were in a love relationship since the year 2018 and in the year 2019 started living together as husband and wife with the knowledge and consent of the family members of petitioner No. 2. This cohabitation is according to Serial No. 03 Supplementary List the local custom and culture prevailing in this part of the country. It was also submitted that the petitioner No. 2 at the relevant point of time was about 16 years old.

(2.) Sometime in the month of October 2019, the petitioner No. 2 started complaining of weakness with bouts of vomiting following which she was taken to the Pynursla CHC for medical check-up and was thereafter referred to Ganesh Das Hospital. At the Ganesh Das Hospital, after conducting the required examination on 22/10/2019 it was confirmed that the petitioner No. 2 was pregnant for 16 weeks 4 days. As is duty bound, the Medical Officer of the said hospital informed the petitioner No. 1, the petitioner No. 3 and the uncle of the petitioner No. 2 that they need to report the matter to the police station as the petitioner No. 2 is still a minor.

(3.) After going to the Sadar Police Station the petitioner No. 3 who is the mother of the petitioner No. 2 was advised to lodge an FIR which she accordingly did so before the Pynursla Police Station on 29/11/2019 where upon Pynursla P.S Case No. 72(11) of 2019 under Sec. 5(j) (ii) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 was registered.