AITIMARY MAWLONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S.D. Upadhaya, learned Legal Aid Counsel who has submitted that this is an application preferred under Sec. 439(2) read with Sec. 482 Cr.P.C, 1973 with a prayer to set aside and quash the order dtd. 20/5/2024 passed by the learned Special Judge (POCSO), West Jaintia Hills District, Jowai in Bail Application No. 7/2024 in connection with Jowai P.S. Case No. 31(5)2024 under Sec. 3(b)/4 of the POCSO Act, 2012.

(2.) The learned counsel has further submitted that the background facts and circumstances of the case is that on 17/5/2024 the petitioner herein had lodged an FIR before the Officer-in-Charge, Jowai Police Station intimating the concerned authority that her minor daughter aged about 9 years old was sexually assaulted by the respondent No. 2 herein, twice in the year 2023 when she was residing at his house as a tenant therein.

(3.) On receipt of the said FIR dtd. 17/5/2024 the police have accordingly registered the case as Jowai P.S. Case No. 31(5)2024 under Sec. 3(b)/4 of the POCSO Act, 2012 and at about 9:50 p.m. of the same day, the respondent No. 2 was arrested. However, in the process of his arrest, the respondent No. 2 was sent for medical examination at the Jowai Civil Hospital whereupon the concerned doctor had advised admission of the respondent No. 2 in the emergency ward of the hospital. On 18/5/2024, this patient was then referred to NEIGRIHMS for further treatment and as such, he could not be formally arrested as he was interned at the said hospital.