SHELDAR SYIEMLIEH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant in the related appeal preferred against judgment and sentence dtd. 18/8/2023 passed by the learned Special Judge, (POCSO), West Khasi Hills, Nongstoin in Special (POCSO) Case No. 18 of 2018 whereby he was sentenced to undergo 10(ten) years rigorous imprisonment with fine of ? 20,000/- (Rupees Twenty Thousand) only, in default thereof to undergo further simple imprisonment of 2(two) months, the appeal has been admitted and registered as Crl.A. No. 43 of 2024.

(2.) However, Ms. P. Chettri, learned Legal Aid Counsel appearing for the appellant, at the outset has raised the plea of juvenility of the appellant and has prayed to be heard on this issue at the first instance.

(3.) It is the submission of the learned Legal Aid Counsel that from the FIR dtd. 15/11/2017 lodged before the Officer-in-Charge Women P.S., Shillong, the same found at page-3 of the paper-book, what is noticed is that the complainant had made an allegation that a minor girl who is her ward had complaint of suffering from the genital area. On being taken to the Civil Hospital Shillong, the medical examination confirmed that the same was due to sexual intercourse. It was then that the said minor girl stated that she had sexual intercourse with 8(eight) persons, including the appellant herein about 3(three) years ago.