MOTILAN SOHSHANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C filed by the petitioner Shri. Motilan Sohshang represented by his sister Smti. Klidian Sohshang with a prayer for grant of bail.

(2.) Heard Mr. H. R. Nath, learned counsel for the petitioner, who has submitted that an FIR was lodged by one Shri. Bernard Nongkseh on 4/1/2022 with the Officer-In-Charge Nongstoin Police Station alleging that his daughter aged about 20 years left the house of her aunt on 3/1/2022 at about 7:30 pm or so but on the way before reaching Upper Laitkseh village, one unknown male person forcefully covered her mouth and raped her there and after the act, the perpetrator fled away. The FIR was registered as Nongstoin P.S. Case No. 3(1) of 2022 under Sec. 376/323 IPC and investigation was launched.

(3.) The learned counsel has also submitted that in course of investigation the Investigating Officer (I/O) has recorded the statement of the alleged victim as well as other relevant witnesses including the statement of the accused/petitioner. The I/O after completion of the investigation then filed the charge sheet on 15/3/2022 coming to the conclusion that a prima facie case under Sec. 376 is found well established against the accused/petitioner and he was accordingly directed to stand on trial before the competent court. It may be mentioned that the accused/petitioner has since been arrested in connection with the case on 12/1/2022 and is still in custody till date.