LURSHAI LYNGDOH MAWLONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Pandey, learned counsel for the petitioners who has submitted that on 5/8/2019, the respondent No.2 as the informant has filed an FIR before the Officer-In-Charge Laitumkhrah P.S, Shillong with a missing person's complaint that her minor daughter aged about 15 years was missing from home since 4/8/2019 from 9:00 am. The prime suspect in the matter is the petitioner No.1 herein, since on an earlier occasion i.e. 16/6/2019, the said suspect had taken her said minor daughter/petitioner No.2 to his residence at Laitkor and it is only when the respondent No.2 went to pick her up on the same day that she was able to bring her home.

(2.) On receipt of the said FIR, the police registered a criminal case being Laitumkhrah PS Case No. 134(8)2019 under Sec. 365 IPC, accordingly, on 5/8/2019 the petitioner was arrested in connection with the said case. In due course he was subsequently enlarged on bail, however, the investigation proceeded.

(3.) On completion of the investigation, the Investigating Officer filed the final form/final report under Sec. 173 Cr.PC and has also given his opinion that in view of the investigation conducted, a prima facie case under Sec. 365 IPC read with Sec. 3/4 POCSO Act, 2012 is found well established against the accused person/petitioner No.1 and he is sent to face trial before the competent court. The matter was then taken up by the learned Special Judge (POCSO), Shillong in Special (POCSO) Case No. 10 of 2020. It is also submitted that charges have been framed against the petitioner No.1 herein and the matter is pending for recording of evidence of the prosecution's witnesses.