TALEB ALI SHEIKH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. J. Shylla, learned counsel for the petitioner who has submitted that an FIR dtd. 2/1/2021 was lodged by the respondent No. 2 herein, informing the Officer In-Charge Bajengdoba Police Station, North Garo Hills, that his minor daughter aged about 14 years was missing from home since 1/1/2021. On receipt of the said information, the police have registered a case being Women PS, NGH, Mendipathar, Case No. 2 of 2021 under Sec. 366A/343/376(2)(i)(n) IPC read with Sec. 3(a)/4 POCSO Act, 2012.

(2.) The matter being taken under investigation, the Investigating Officer (I/O) has firstly, facilitated the medical examination of the alleged victim and has also recorded the statement of the complainant as well as other relevant witnesses. The petitioner as the accused in the said case was apprehended by the police and was formally arrested on 30/9/2021 and was forwarded to the court concerned who has directed that he be confined in judicial custody, which custody he is presently undergoing till date.

(3.) The I/O after completion of the investigation, has filed the charge sheet on 22/11/2021, and after narration of the facts and circumstances of the case and the steps taken thereof, in conclusion has opined that prima facie evidences have been established against the arrested person namely Saminur Ali Sheikh, son of Taleb Ali Sheikh for having committed an offence under Sec. 366A/343/376(2)(i)(n) IPC read with Sec. 3(a)/4 POCSO Act, 2012 for allegedly kidnapping of a minor girl from lawful guardianship, wrongful confinement for three days and repeated rape of the said minor girl who is under 16 years of age.