WANPHAI MASHARING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C made with a prayer for grant of bail to the accused person Shri. Pynskhemborlang Masharing connected with Special POCSO Case No. 20 of 2023 under Sec. 354, 354B, 361, 363, 376(1), 375(2)(j), IPC read with Sec. 3(a)/4/7/8 of the POCSO Act pending before the court of the learned Special Judge, (POCSO), Nongpoh, Ri Bhoi District.

(2.) Heard Mr. L. Syiem, learned counsel for the petitioner who has submitted that on the basis of an FIR dtd. 23/5/2023 filed by the respondent No. 2 the accused person in question was arrested in connection with Women PS Case No. 29(05) of 2023 under Sec. 354(A)(i)/376(1) IPC read with Sec. 3(a)/4 POCSO Act, 2012.

(3.) The learned counsel has also submitted that the background facts leading to the arrest of the accused person in question was based on the statement of the survivor who had narrated to her mother, the respondent No. 2 herein about an incident which occurred sometime in the month of December 2022, where she was allegedly sexually assaulted by one person named Raymond Nongkhlaw. The survivor has further stated that in the month of March 2023 she had a love relationship with the accused person in question that is, Pynskhemborlang Masharing and was involved in sexual intercourse with him.