WITHELSON MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 483 of the BNSS, 2023 with a prayer for grant of bail on behalf of the accused person/petitioner Shri. Withelson Marak who is in judicial custody in connection with Special (POCSO) Case No. 45 of 2023 arising out of Mawshynrut P.S. Case No. 22(08) of 2023 under Sec. 5(k)(m)(n)/6 of the POCSO Act, 2012.

(2.) The brief facts of the case is that an FIR dtd. 26/8/2023 was lodged by the respondent No. 2 wherein it was alleged that his minor daughter aged about 12 years or so had confessed that the petitioner had committed sexual assault on her person. The FIR was registered as Mawshynrut P.S. Case No. 22 (08) of 2023 under Sec. 5(k)(m)(n)/6 of the POCSO Act, 2012 and investigation was launched. In the meantime, the petitioner was arrested on 27/8/2023 and is in custody till date.

(3.) The Investigating Officer (IO) on completion of the formalities of the investigation of the case had filed the chargesheet dtd. 20/10/2023 and has come to a finding that a well-established prima facie case under Sec. 5(l)/6 POCSO Act read with Sec. 506 IPC is made out against the accused/petitioner and he is accordingly directed to stand trial.