LAWS(MEGH)-2022-10-23

SILVESTAR KHONGLAH Vs. STATE OF MEGHALAYA

Decided On October 27, 2022
Silvestar Khonglah Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) This is an application filed under Sec. 482 Cr.PC seeking to invoke the inherent powers of this Court to quash the FIR dtd. 18/12/2020 and the resultant criminal proceedings in Spl. POCSO Case No. 10 of 2021 under Sec. 5(l)/6 of the POCSO Act pending trial before the court of the learned Special Judge (POCSO), Shillong.

(2.) Heard learned counsel for the petitioners Mr. K.Ch. Gautam who has submitted that the petitioner No.2 herein had lodged an FIR before the Officer-In-Charge Pynursla PS, East Khasi Hills on 18/12/2020, complaining that her minor daughter was sexually assaulted by the petitioner No.1 on two occasions that is, on 11/12/2020 and 16/12/2020 as was narrated by her minor daughter who was found absent from her room by the teacher of the school where she was studying and who had accordingly reported the matter to the petitioner No.2. Hence the FIR.

(3.) A detailed narration of the whole episode as is evident from the materials on record including the findings of the investigation is that, the minor daughter of the petitioner No.2 was having an affair with petitioner No.1 and on 11/12/2020 he came to her place of residence as the minor girl was a student of Sr. Anthony's Higher Secondary School, Pynursla and was staying with the teacher of the said school. The petitioner No.1 on the first occasion had picked up the minor girl and had gone to a place near Bri War Resort, where he had physical relationship with her inside his vehicle. In the same manner on 16/12/2020, the minor girl was found absent from her room, but was eventually dropped by petitioner No.1 at 3:00AM where the said teacher discovered her absence and reported the matter to the parents. On this occasion too, the petitioner No.1 and the girl had sexual relationship in his vehicle.