SHEMBHALANG RYNGHANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 482 Cr.P.C invoking the inherent power of this Court to be applied to the facts and circumstances of the case of the petitioners.

(2.) The background of the matter relates to an FIR dtd. 29/11/2017 which was lodged by the mother of petitioner No. 2, alleging inter alia that on 29/11/2017 she had gone to Ganesh Das Hospital, Shillong for medical treatment of her daughter who was then 16 years of age as she was complaining of stomach ache and after being medically examined by the doctor, it was found out that she was two months' pregnant. On enquiry, the daughter revealed that she is having a relationship with the petitioner No. 1 herein for the last 10(ten) months.

(3.) On acknowledgement of the FIR, the police registered a case being, Umiam P.S Case No. 94(11)2017 under Sec. 376(2)(n) IPC r/w Sec. 4 POCSO Act, 2012 and investigation was launched. The Investigating Officer then filed the charge sheet holding that a prima facie case is found well established against the accused/petitioner No. 1 and he was accordingly forwarded to the Court for trial.