Arjun Das VS State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJIB BANERJEE, W. DIENGDOH
Arjun Das – Appellant
Versus
State of Meghalaya – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. P.T. Sangma, Advocate
For the Respondents: Mr. R. Gurung, GA with Ms. S. Shyam, GA

JUDGMENT (ORAL)

Sanjib Banerjee, C.J.—Two principal grounds are urged in this appeal. The first is that the trial court erred in completely relying on the statement of the survivor to convict the appellant herein under Section 6 of the Protection of Children from Sexual Offences Act, 2012 read with Section 506 of the Penal Code, 1860.

2. The second ground raised is that several other persons who would have been key witnesses were not examined by the prosecution, including another student who apparently attended the tuition classes along with the survivor. The appellant also says that the brother of the appellant should have been examined.

3. The first information report in this case was lodged by the father of the survivor on April 10, 2017 at the Pasteur Beat House in Shillong. The de facto complainant asserted that his son, then aged 9 and a student in Class III at St. Xavier Secondary School, Polo Hills, Shillong, had been sexually molested by the appellant herein, to whom the survivor used to go for tuition.

4. According to the FIR, on April 10, 2017, when the boy’s mother asked the boy to go for tuition and he was not interested to go, the mother enquired of the boy and di

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