AJAYBIRTH MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) An undated FIR was filed by the mother of a minor girl, wherein was narrated an incident which allegedly took place on 24/1/2013 at about 8:00 pm or so accusing the appellant herein that he had molested the said minor girl at her residence.

(2.) The said FIR addressed to the Officer-In-Charge, Williamnagar Women Police Station was immediately registered on 24/1/2013 itself at about 9:20 pm as Women P.S Case No. 01(01) 2013 under Sec. 354 IPC and investigation was launched.

(3.) In due course, the Investigating Officer (I/O) after completion of the investigation, filed the final report under Sec. 173 Cr.P.C. and in the charge sheet, the brief story of the prosecution's case was noted to say that on 24/1/2013, the appellant had molested the said minor girl at her residence and accordingly, in course of investigation, the minor girl was taken to the hospital for medical examination which revealed that there are some scratch marks on the right side of her breast. The appellant was apprehended and, on his being, arrested, the I/O then proceeded to examine relevant witnesses, including recording of the statement of the complainant and the survivor. Eventually, the I/O found that a prima facie case under Sec. 354 IPC r/w Sec. 10 of the POCSO Act, 2012 is found well established against the appellant/accused person and he was directed to stand trial.