SLANDER MAWLEIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appellant having been convicted and made to serve a cumulative sentence of 10 (ten) years rigorous imprisonment with fine of Rs.30,000.00 (Rupees thirty thousand) for an offence punishable under Sec. 6 of the POCSO Act, and rigorous imprisonment of 1(one) year with fine of Rs.5,000.00 (Rupees five thousand) for an offence punishable under Sec. 506 Part-I IPC, relatable to Judgment and Sentence dtd. 3/1/2024 passed by the learned Special Judge, (POCSO), Nongstoin, West Khasi Hills District in Special (POCSO) Case No.11 of 2019, has now approached this Court, with this instant appeal, with a prayer to set aside and quash the impugned judgment of conviction and related sentence.

(2.) The prosecution case emanates from the filing of an FIR before the Officer-in-Charge, Nongstoin Police Station on 7/12/2018 by the complainant, who has alleged that the appellant herein, has committed sexual penetration on her minor daughter (name withheld) aged about 10(ten) years on 4/12/2018, at his house.

(3.) On receipt of the said FIR, a case was registered being Nongstoin P.S Case No. 99 (12) 2018, under Sec. 5(m)(n)/6 of the POCSO Act, read with Sec. 506 IPC, investigation commence with the recording of the statement of the complainant and the survivor. The accused/appellant was also arrested on that day itself, that is, 7/12/2018. In course of investigation, all the formalities that is, forwarding of the survivor as well as the accused for medical examination, collection of the birth certificate of the survivor as well as facilitation of recording of the statement of the complainant and the survivor respectively, before the Magistrate under Sec. 164 CrPC, have been completed. Thereafter, charge sheet was filed, with the Investigating Officer (I/O) sending the accused/appellant to face trial before the competent court of jurisdiction.