LAWS(MEGH)-2023-6-13

SKOLBHA LAMARE Vs. STATE OF MEGHALAYA

Decided On June 07, 2023
Skolbha Lamare Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) This is a case where apparently a love relationship between a young couple has proceeded to the extent that they have indulged in a physical relationship, as a result of which the girl who is admittedly a minor being about 16 years old or so at the relevant time, became pregnant and has subsequently delivered a child out of the said relationship with the petitioner No. 1 herein. The said relationship took a turn for the worse, inasmuch as, the petitioner No. 1 has initially refused to recognize his relationship with the alleged victim girl and the petitioner No. 2 who is the father of the victim, out of anger at the conduct of the petitioner No. 1, lodged a First Information Report on 21/11/2022 before the Officer-in-Charge, Ummulong Beat House, West Jaintia Hills District, Meghalaya.

(2.) Investigation then commenced on the case being registered as Jowai P.S. Case No. 151 (11) of 2022 under Sec. 5 (j) (ii)/6 of POCSO Act. The Investigating Officer (I/O) after completion of the investigation, has filed the charge sheet on 13/12/2022. It is the findings of the I/O on all the evidences collected during the investigation that a prima facie case under Sec. 5 (j) (ii)/6 of POCSO Act is found well established against the petitioner No. 1/accused and the matter was put up before the competent court for commencement of the trial. The case now is at the stage of evidence.

(3.) In the meantime, it appears that the accused/petitioner No. 1 and the complainant/petitioner No. 2 had a change of heart and that the relationship have come to a point that according to them, good sense have prevailed, with the relationship between the petitioner No. 1 and the minor daughter of the petitioner No. 2 being acknowledged by the families of both parties and also that both the concerned parties have agreed that as and when the time comes, particularly when the minor daughter of the petitioner No. 2 comes of age, they will bind themselves in a legally marital relationship, until then, the petitioner No. 1 has assured that he will take care of the child born out of the relationship aforementioned.