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W. DIENGDOH
Aten Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. An FIR dated 07.05.2022 was lodged by one Shri Telbi D. Sangma (respondent No.2) before the Officer-In-Charge Tura Women Police Station wherein, an incident which occurred on 26.04.2022 in which the cousin sister of the complainant aged about 14 years old and who is also said to be mentally retarded was raped by the petitioner herein. The incident occurred at Abisella Bolchugre, West Garo Hills. It is also further stated that the incident was witnessed by the uncle of the victim girl.
2. On receipt of the said FIR, Tura Women PS Case No. 57(5) of 2022 under Section 5(k)/6 of the POCSO Act was registered. The Investigating Officer (I/O) who was entrusted with the investigation of the case has accordingly proceeded as per procedure and has firstly made arrangement for medical examination of the victim at the Maternity and Child Hospital, Tura on 06.05.2022. Thereafter, the I/O has also recorded the statement of the victim as well as the relevant witnesses to the case. The I/O however, could not apprehend the accused/petitioner as he could not be found in his place of residence.
3. The petitioner in the meantime, apprehending arrest in connection with the abovementioned case,
The nature and gravity of the alleged offence, the conduct of the accused, and the need for thorough investigation are key considerations in the grant or refusal of bail.
Point of law : Rejection of Bail - Court shall not come to the rescue or help the accused who is not cooperating the investigating agency and absconding.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
The immateriality of consent in cases involving minors and the potential misuse of sensitive material influenced the court's decision to dismiss the anticipatory bail petition.
The legal point established is that while a consensual love relationship was acknowledged, the minor status of the girl rendered her consent invalid under the POCSO Act, leading to the denial of pre-....
Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is ca....
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