ELBERT MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The judgment and order dtd. 1/4/2021 passed by the learned Special Judge (POCSO), East Jaintia Hills District whereby the appellant herein was sentenced to undergo 7 years of rigorous imprisonment with fine of 5000/- (rupees five thousand) only, in? default of payment of fine, to further undergo 1(one) month simple imprisonment for an offence committed under Sec. 361 IPC and further 10 years rigorous imprisonment with fine of 10,000/- (rupees? ten thousand) only and also in default of payment of such fine, to further undergo another 3(three) months simple imprisonment for an offence punishable under Sec. 6 POCSO Act is assailed herewith in this instant appeal.

(2.) Briefly, the facts of the case is that on an FIR lodged by one Smti. Durga Kanai before the Officer In-Charge, Khliehriat Police Station, East Jaintia Hills District, on 17/11/2016 with the information that her daughter who was staying at a place called Kseh, on 16/11/2016 while on her way home, was accompanied by three boys, two of whom had since went on to their respective homes, one of them, Shri. Elbert Marak along with her daughter did not return home that night and is found missing. Hence the complaint.

(3.) On the basis of such information, the police accordingly registered the FIR as Khliehriat P.S. Case No. 298(11) 16 under Sec. 361 IPC and an investigator was assigned to conduct the investigation. The Investigating Officer (IO), in course of investigation had recovered the said daughter, who was a minor at the relevant time along with Shri. Elbert Marak from a place called Wahsarang. Thereafter, on completion of the investigation, the IO found that a well-established case under Sec. 361 IPC read with Sec. 6 of the POCSO Act is made out against the accused Elbert Marak and he is sent up to face trial before the Special Court (POCSO).