Mehun Lamurong vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Megh) 61

SANJIB BANERJEE, W. DIENGDOH
Mehun Lamurong – Appellant
Versus
State of Meghalaya – Respondent

Advocates appeared:
Mr. S.D. Upadhaya, Legal Aid Counsel, for the Appellant; Mr. R. Gurung, GA, for the Respondent

JUDGMENT

Sanjib Banerjee, CJ. - The appeal arises out of a judgment of conviction of April 15, 2021 and the resultant sentence under which the appellant herein has been condemned to rigorous imprisonment for a period of 10 years under Section 5(m) and (n) of the Protection of Children from Sexual Offences Act, 2012 read with Section 6 thereof. The appellant has also been fined Rs.10,000/- and, in default, to undergo simple imprisonment for a further year. At the time that the appellant was sentenced, he had already undergone nearly three years and three months of detention.

2. The appellant claims that there is no evidence of penetrative sexual assault and even the survivor asserted that the appellant did not insert his penis into her vagina. The appellant refers to the inconclusive forensic science laboratory report and the absence of any firm opinion in the report of the medical expert who conducted an examination on the survivor immediately upon the first information report being lodged. The appellant also contends that at least two key witnesses were not examined by the prosecution and, as such, the real truth did not come out. These two persons who were not examined were the mot

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