IMPORTANT POINT
The object of bail is to secure the accused's appearance at trial and deprivation of liberty should be considered a punishment.

JUDGMENT

1. Heard learned counsel for the petitioner, Mr. B. Deb, who has submitted that the affidavit-of-service on the respondent No. 2 has been filed indicating that the respondent No. 2 has received the notice issued. However, the respondent No. 2 has failed to appear before this Court today and as such, as prayed, this matter shall proceed ex-parte against the respondent No. 2. It is however evident that the course of the respondent No. 2 will also be espouse by the respondent No. 1.

2. Mr. B. Deb has also submitted that on 27.10.2019 the respondent No. 1 had lodged an FIR before the Officer In-Charge Mawkyrwat PS, South West Khasi Hills with the information that the son of the petitioner herein, Khrawkupar Iawphniaw had raped her minor daughter aged about 12 years at their residence on 26.10.2019. The accused is also the step-father of the minor victim.

3. Accordingly, Mawkyrwat PS Case No. 28(10)2019 under section 5(n)/6 POCSO Act was registered and investigation launched. The Investigating Officer (I/O) has then filed the chargesheet indicating that there is prima facie case well established against the accused and he was sent to stand trial before the trial court. The matter was then taken up by the learned Special Judge POCSO, Mawkyrwat in Special POCSO Case No. 2 of 2022.

4. The learned counsel for the petitioner has further submitted that three witnesses has been examined before the learned Special Court as the case is at the evidence stage. On perusal of the evidence of PW-1 who is the respondent No. 2 herein, the evidence would show that she was not present at the P/O and has deposed only on the basis of the version of the victim. Again, as far as the deposition of the victim is concerned, when she has examined herself as PW-2, though the victim has stated that the accused had raped her but, at the same time had also stated that her elder brother who is blind and bed-ridden was present at the P/O. It is also the statement of the victim that the accused was already drunk when the incident happened and that, that was the only time the accused had committed the offence against her. This, according to the learned counsel for the petitioner is only one-sided version to which the accused was not given the opportunity to contradict.

5. On the evidence of the doctor (PW-3), the learned counsel has submitted that this witness has medically examined the victim on 26.10.2019, the date of the alleged incident but in his evidence has opined that the alleged assault took place a few days ago therefore, the evidence of PW-3 is only based on surmise and conjecture.

6. However, the main thrust of the argument of the learned counsel for the petitioner is that the accused is in custody for more than two years and in the meantime only three witnesses has been examined and for more than a year after the evidence of PW-3 was recorded the case has not progress and as such, on the ground of delay, the accused may be allowed to be enlarged on bail with any condition as deem fit and proper by this Court to be imposed.

7. In support of his case, the learned counsel for the petitioner has cited the case of State of Kerela v. Raneef: (2011) 1 SCC 784 para 15 as well as the case of Sanjay Chandra v. Central Bureau of Investigation: (2012) 1 SCC 40 para 21, 22, 23, 25, 36 and 43.

8. Again, on the issue of delay the case of Munna @ Kampta Prasad & Anr. v. State of Madhya Pradesh 1989 M.P.L.J 781 para 31and 32 was also cited by the petitioner.

9. Per contra, Mr. H. Kharmih, learned Addl. PP. has submitted that the offence charged against the accused is very serious inasmuch as being a stepfather he had committed a despicable act against his own step-daughter. The evidence on record particularly that of the victim (PW-2) and the doctor (PW-3) has succinctly brought out the fact of how the accused had committed the offence which clearly proves that the accused had committed penetrative sexual assault on the victim and as such considering the seriousness an