BINU KHARSATI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. N. Syngkon, learned counsel for the petitioner, who has submitted that the notice issued upon the respondent Nos. 5 and 6, that is, the survivor and the complainant respectively have been affected, for which documents retrieved from the portal of the postal department, particularly referring to the Track Consignment as far as the issuance of such notices are concerned, have been produced before this Court, wherein it was indicated that the said item, that is, the notice was confirmed delivered on 23/12/2023.

(2.) The learned counsel has submitted that affidavit of service could not be filed at this point of time and has prayed that the said copies produced before this Court may be taken note of, though in normal circumstances, this Court would insist in filing of affidavit of service, however, considering the fact that this is a vacation court, therefore, as a special consideration, the submission of the learned counsel is accepted and the prayer made is allowed. The said documents now marked as Annexure-X and Annexure-Y respectively are hereby brought on record. The respondent Nos. 5 and 6 are however not present in Court today.

(3.) On the merits of this petition, the learned counsel has submitted that the accused, brother of the petitioner herein was arrested on 30/12/2022 on the basis of an FIR filed by the respondent No. 6, wherein it was alleged that the said accused person had committed an act of rape upon the respondent No. 5 herein on 29/12/2022 at around 3:00 pm at Sumer Village in a jungle behind their house, that is, the house of the survivor. The FIR was accordingly taken cognizance of and Women P.S. Case No. 75 (12) 2022 under Sec. 3(a)/5(k)/6 POCSO Act was registered.