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2021 Supreme(Megh) 42

W.DIENGDOH
Shaiborlang Nongbri – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K. Ch. Gautam.
For the Respondents: Mr. K.P. Bhattacharjee, Ms. R. Colney.

JUDGMENT :

W. DIENGDOH, J.

1. This is an application under Section 439 Cr.P.C. for grant of bail to the applicant Shri Shaiborlang Nongbri who was arrested on allegation that he has sexually assaulted a minor girl aged about 14(fourteen) years, for which on the basis of the FIR lodged on 25.08.2021, by the aunt of the victim girl on receipt of which the Officer-in-Charge Madanrting Police Station had caused registration of a police case being Madanrting P.S. Case No. 119 (8) 2021 under Section 3(a)/4 POCSO Act, 2012.

2. The contents of the FIR indicates that the complainant therein who is the aunt of the alleged victim girl had reported that on 19.08.2021 when her niece who is the alleged victim girl was alone at her home, suddenly in the afternoon the accused/applicant suddenly forcefully entered the house and raped the alleged victim girl who had struggled to get free, but because of the fact that she is weaker than him, she was unable to do so. Further, on 20.08.2021, the accused/applicant further threatened the alleged victim girl to the extent that she should not get married to any man since she is now his wife and that he will assault the man who will be married to her. Request

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