ANNIAS LAPANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Petitioner (accused) Shri Annias Lapang @ Donboklang Lapang was admittedly arrested on 24.12.2018 in connection with Nongpoh P.S. Case No. 222 (10) 2019 for commission of offences punishable under Sections 3(b)/4/5(n)(m)(r)/6 of POCSO Act 2012, on behalf of the accused petition for grant of 'bail in default' under Section 167 Cr.P.C. has been dismissed.

(2.) It is an admitted fact that the charge sheet (Challan) was not presented within the prescribed period of 90 days as required in terms of proviso (a) (i) to sub-section (2) of Section 167 Cr.PC. The stipulated period of 90 days would expire on 24.03.2019. The application was filed before the learned Session Judge (Special Judge POCSO Nongpoh), same has been dismissed vide order dated 02.04.2019. Learned Special Judge after recording the submission that the challan has not been presented within a period of 90 days has not considered the same.

(3.) Allegedly, the baby of four years old has been ravished by the petitioner (accused). It is quite astonishing that charge sheet has not been filed within the stipulated period of 90 days. The Investigating Officer Ms. J. Nongsiej present in the Court submitted that in fact she had taken the matter with the Supervising Officer for instructions. However, the Supervising Officer got transferred, therefore, delay in filing the charge sheet. This aspect shall be looked into by the learned Special Judge.