Akramuz Zaman vs State of Meghalaya - 2021 Supreme(Megh) 40

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Megh) 40

W.DIENGDOH
Akramuz Zaman – Appellant
Versus
State of Meghalaya – Respondent

Advocates Appeared:
For the Petitioner: Mr. A.H. Hazarika, Adv.
For the Respondent: Mr. B. Bhattacharjee, AAG. with Ms. R. Colney, GA., Ms. Z.E. Nongkynrih, GA.

JUDGMENT :

1. This is an application u/s 438 Cr.P.C preferred by the applicant herein with a prayer to grant pre-arrest bail in connection with Tura Women P.S Case No. 46(06)2021 under Section 3 (a)/4 of the POCSO Act.

2. The applicant in this application has referred to the FIR dated 14.06.2021 wherein the Informant therein has made an allegation that the applicant has sexually assaulted one minor girl on 12.06.2021 at about 2:30 PM at Matramchigre village, West Garo Hills District.

3. The version of the applicant is that he is in love with the alleged victim girl for a few months and this relationship was accepted by the parents of the said victim girl and thereafter, since the month of June 2021, they had stayed together as husband and wife.

4. The applicant has also stated that the victim girl is not a minor as alleged, but as per the birth certificate, her date of birth is 07.01.2002. This is also reflected in her school certificate, Adhaar card, Pan card and other vital documents which shows that as on the date of filing of the said FIR, she is more than 19 years of age and is therefore an adult and there is no bar for her to enter into a marital relationship on her own accord.