INJORA STEN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. L. Syiem, learned counsel for the applicant, who has submitted that this application has been filed by the mother of the accused person, namely, Shri. Pynshemlad Sten under Sec. 483 of the Bharatiya Nagarik Suraksha (BNSS), 2023 read with Sec. 31 of the POCSO Act, 2012 with a prayer for grant of bail on behalf of the said accused person in connection with Special POCSO Case No. 11 of 2024 under Sec. 376 (2)(j) IPC, 354B read with Sec. 3(a)/5(j) (ii)/6 of the POCSO Act pending before the Court of the learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh.

(2.) On the facts of the case, the learned counsel submits that an FIR dtd. 23/1/2024 was lodged by the mother of Miss. X (survivor) who was about 16 years old at the relevant point of time. The complaint being made therein is that the accused person in question had committed an act of sexual penetrative assault on the person of the survivor, as a result of which, the survivor became pregnant and gave birth to a female child in the month of April, 2024.

(3.) The main contention of the learned counsel for the prayer made in this application is that, not denying the fact that the act of sexual intercourse between the accused person and the survivor having taken place, however, the fact that the survivor had never in her statement before the police under Sec. 161 or before the Magistrate under Sec. 164 Cr.P.C as well as in her deposition before the court as PW. 1, wherein she has admitted to having consensual sex with the accused person, who she claimed to be her boyfriend, and was pregnant as a result thereof.