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2020 Supreme(Megh) 4

MOHAMMAD RAFIQ, WANLURA DIENGDOH
Marbet Nongsiej – Appellant
Versus
State of Meghalaya – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Wahlang, Adv.
For the Respondent: Mr. N.D. Chullai, AAG. with Mr. S. Sengupta, Addl. PP., Mr. A. Kharwanlang, GA.

Table of Content
1. overview of factual background regarding the incident. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. examination and evaluation of evidence presented. (Para 12 , 13 , 14)
3. arguments presented by the appellant's counsel. (Para 17 , 18 , 19 , 20 , 21)
4. standards of proof and the value of testimony. (Para 35 , 68 , 70)
5. final verdict and confirmation of trial court's judgment. (Para 78 , 79)

JUDGMENT :

W. Diengdoh, J.

1. On 15.11.2014 an F.I.R. was lodged by one Smt. Makdalin Khardewsaw of Nongspung-Nongkynjoin before the Officer-in-charge Nongstoin Police Station to the effect that a complaint was made against one Marbet Nongsiej of Nongspung who had raped her daughter (hereinafter known as victim) on 11.11.2014 at around 12.00 noon in the house of her cousin sister.

2. Taking cognizance of the said F.I.R., the police have accordingly registered a case being Nongstoin P.S. Case No. 163(11) 2014 under Section 3 (a)/4 of the POCSO Act, 2012, and accordingly investigation was launched.

3. The said Marbet Nongsiej was arrested by the police in connection with the said case and was forwarded to the Court of the District & Sessions Judge, West Khasi Hills District, Nongstoin.

4. The Inves

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