W. DIENGDOH
Donlang Nongsteng – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The petitioner was arrested on 21.09.2021 being named in the FIR dated 21.09.2021 filed by one Smti. Mareenda Kharkongor in which FIR an allegation was made that the accused had sexually harassed the minor son of the complainant. On being arrested, the petitioner was eventually forwarded to judicial custody and is still in custody till date.
2. On investigation launched and on completion of the same, the Investigating Officer has filed the charge sheet No. 27 of 2021 on 20.11.2021. The opinion of the I/O upon consideration of the facts and circumstances including the statement of the complainant, the victim and other relevant witnesses is that a prima facie case for an offence under Section 5 (1)/ 6 POCSO Act read with Section 506 IPC has been made out against the petitioner herein, for which he is send up for standing trial before the competent court.
3. In such a situation, the petitioner has, at the first instance approached the Court of the learned Special Judge (POCSO) Shillong seeking bail on the grounds stated therein, and which application was rejected vide order dated 01.11.2021. Subsequently, the petitioner has again moved two more bail applications, but they wer
The seriousness of the alleged offence and the lack of fresh grounds for bail are crucial factors in bail decisions.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
Point of Law : POCSO – Grant of Bail - victim had not disclosed the factum of sexual assault on her by the petitioner, in her initial version to the police. The successive statements of the victim ha....
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
Provisions relating to sexual assaults on minors have been made very stringent in Indian Penal Code, besides enactment of a special Act known as “The Protection of Children from Sexual Offence Act.
The purpose of bail is to secure the accused's attendance at trial, and bail should not be withheld as a punishment.
Denial of bail based solely on the severity of charges against a minor is not justified when the accused has maintained prior bail conditions, and a prolonged trial warrants reconsideration.
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.