Back
W. DIENGDOH
Lurshai Lyngdoh Mawlong – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Heard Mr. S. Pandey, learned counsel for the petitioners who has submitted that on 05.08.2019, the respondent No.2 as the informant has filed an FIR before the Officer-In-Charge Laitumkhrah P.S, Shillong with a missing person's complaint that her minor daughter aged about 15 years was missing from home since 04.08.2019 from 9:00 am. The prime suspect in the matter is the petitioner No.1 herein, since on an earlier occasion i.e. 16.06.2019, the said suspect had taken her said minor daughter/petitioner No.2 to his residence at Laitkor and it is only when the respondent No.2 went to pick her up on the same day that she was able to bring her home.
2. On receipt of the said FIR, the police registered a criminal case being Laitumkhrah PS Case No. 134(8)2019 under Section 365 IPC, accordingly, on 05.08.2019 the petitioner was arrested in connection with the said case. In due course he was subsequently enlarged on bail, however, the investigation proceeded.
3. On completion of the investigation, the Investigating Officer filed the final form/final report under Section 173 Cr.PC and has also given his opinion that in view of the investigation conducted, a prima facie case under Sec
Consensual nature of the relationship, societal acceptance, and the need for legislative amendments to the POCSO Act in cases involving adolescents in relationships.
The central legal point established in the judgment is the interpretation of sexual assault, consent, and the implications of marriage under the IPC and the POCSO Act, particularly in the context of ....
The central legal point established in the judgment is the need for a more lenient approach in cases involving adolescents in relationships and the importance of considering changing societal needs w....
The court emphasized the need to consider the practical aspects and implications of the POCSO Act in cases involving consensual relationships or marriages between minors, and the importance of assess....
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
The court emphasized the need for the legislature to consider cases involving adolescents in relationships and make necessary amendments to stringent laws such as the POCSO Act.
The court recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.
The court established that sexual contact between an adult and a minor, even with the minor's consent, can constitute penetrative sexual assault and aggravated penetrative sexual assault under the PO....
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the importance of considering individual/personal nature of offences in deciding t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
