CLEVERSTREIN MARNGAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) All the aforesaid appeals arise out of a common judgment dtd. 22/9/2022 and order of sentence dtd. 23/9/2022 passed by the learned Special Judge (POCSO), West Khasi Hills District, Nongstoin in Special (POCSO) Case No. 18 of 2016, and as such, are being decided together.

(2.) All the three aforesaid appellants vide the aforesaid judgment and order of conviction and sentence have been convicted for the offence punishable under S. 5(g) read with S. 6 of the POCSO Act, and are sentenced to suffer rigorous imprisonment for a period of 10 years with a fine of Rs.25,000.00, in default of payment of fine, are directed to further undergo sentence of three months, simple imprisonment.

(3.) At the outset, we may note that there were eight accused persons, who were arrested in connection with the aforesaid offence. Since three out of eight accused were found to be Children in Conflict with Law, they were tried before the Juvenile Justice Court and the rest of the five accused were tried by the learned Special Judge (POCSO) for the aforesaid offence. All the five accused were convicted and sentenced as stated aforesaid by the trial court. It may also be noted, that the aforesaid appeals have been filed only by three of the said five accused i.e., Original Accused No. 1 - Shri Cleverstrein Marngar, Original Accused No.3 - Shri Proningstar Marngar; and Original Accused No.5 - Shri Basnes Ryntathiang and as such, we are concerned with only three accused. Two other co-accused i.e., Original Accused No. 2 - Shri Khwarningstar Shangoi and Original Accused No.4 - Shri Shaitstar Marngar, have not filed appeals and as such, have not challenged their conviction and sentence.