RAHUL KUMAR CHOUDHURY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Pandit, learned counsel appearing on behalf of the petitioners as well as Mr. S. Sengupta, learned Addl. PP appearing on behalf of the State respondent No. 1 and Ms. M.L. Tlau, learned counsel appearing on behalf of the respondent No. 2.

(2.) It is the submission of the learned counsel for the petitioners that the petitioner No. 1 and the petitioner No. 2 were in a love relationship since the year 2018. In course of their relationship, as is common in a relation between young couples, some misunderstanding cropped up which resulted in both of them to consume poisonous substance (phenyl) on 18/10/2018. It is perhaps because of this incident that the respondent No. 2 who is the father of the petitioner No. 2 herein lodged an FIR on 24/10/2018 against the petitioner No. 1 before the Officer-in-Charge, Pasteur Beat House, Shillong, East Khasi Hills District, alleging that his minor daughter aged about 17 years or so, was forcefully taken from the school premises by the petitioner No. 1 and who had also sexually assaulted his minor daughter. As a result of he said sexual assault, his daughter i.e. the petitioner No. 2 herein had attempted to commit suicide by consuming phenyl, wherein she was admitted in Woodland Hospital, Shillong.

(3.) The Officer-in-Charge, Pasteur Beat House, taking cognizance of the said FIR, had caused investigation to be launched upon registering the same as Shillong Sadar P.S. Case No. 213 (10) of 2018 under Sec. 3/4/5(j)(ii)(1)/6 of the POCSO Act. The petitioner No. 1 was also arrested in connection with the said case, but was released on bail after 3(three) months.