RISHAN MARWEIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order dtd. 22/9/2023 passed by the learned Special Judge (POCSO), West Khasi Hills District, Nong-stoin, in Special (POCSO) Case No. 30 of 2020, by which the learned Judge convicted and sentenced the appellant for the offence punishable under Sec. 6 of the POCSO Act, 2012 to suffer minimum imprisonment of 20 years with fine of Rs.30, 000.00, in default of payment of fine, to undergo three months simple imprisonment.

(2.) A few facts that are necessary to decide the aforesaid appeal are as under;

(3.) Mr. H.L. Shangreiso, learned Senior Counsel for the appellant submitted that the evidence, as has come on record through various witnesses, when read as a whole, reveals that the relationship between the appellant and the survivor was a consensual relationship and that it was not a case of sexual assault. In support of his submission, learned Senior Counsel relied on the judgments of the Apex Court in State of Uttar Pradesh Vs. Anurudh and Anr. in Criminal Appeal @ SLP (Crl)10656 of 2025 and Tolaram Relumal and Anr. Vs. State of Bombay reported in (1954) 1 SCC 961.