Long Pohshna vs State of Meghalaya - 2022 Supreme(Megh) 262

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Megh) 262

W. DIENGDOH
Long Pohshna – Appellant
Versus
State of Meghalaya – Respondent

Advocates appeared:
Mr. S. D. Upadhaya, Legal Aid Counsel, for the Petitioner; Mr. B. Bhattacharjee, AAG. with Ms. Z. E. Nongkynrih, GA, for the Respondent

JUDGMENT

1. The learned Session Judge, East Jaintia Hills, Khliehriat on consideration of the facts and circumstances in Session Case No. 11 of 2021 has on the basis of the evidence tendered and the materials on record as well as upon hearing the prosecution and defence, pronounced the judgment and order dated 13.12.2021 convicting the appellant herein and ordering a sentence of 7(seven) years with fine of Rs. 50,000/- (Rupees fifty thousand) only and in default thereof, to undergo a further one month's imprisonment.

2. The appellant not being satisfied with the said conviction and sentence indicated above, has approached this Court with this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 with a prayer to set aside and quash the said impugned judgment and order dated 13.12.2021.

3. Bereft of unnecessary details, the brief fact of the case is that on 13.09.2001, the appellant came to the house of the victim with criminal intent at about 4:00 pm following which he is said to have raped her inside her house without her consent. On coming to know of the incident, on the same day, an FIR was lodged by her father, Shri Moken Shadap before the Officer In-charge, Umkiang