Shanborlang Nongdkhar vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Megh) 312

SANJIB BANERJEE, W. DIENGDOH
Shanborlang Nongdkhar – Appellant
Versus
State of Meghalaya – Respondent

Advocates appeared:
Mr. H.R. Nath, Mr. A. Sharma, Advocates, for the Appellant; Mr. K. Khan, PP with Mr. S. Sengupta, Addl. PP, for the Respondents

JUDGMENT

Sanjib Banerjee, CJ. - The issue that arises in this appeal from an order of conviction, inter alia, under the Protection of Children from Sexual Offences Act, 2012 is as to whether there was penetrative sexual assault perpetrated by the appellant.

2. The appellant has been convicted under Section 6 of the Act of 2012 and sentenced to 10 years' rigorous imprisonment with Rs.10,000/-as fine. Upon the appellant failing to tender the fine, he has to undergo a further two months of simple imprisonment. In addition, the appellant has also been convicted under Section 506 of the Indian Penal Code, 1860 and sentenced to seven years' rigorous imprisonment with a further fine of Rs.10,000/-. In default of payment of such further fine, the appellant has to suffer an additional month's simple imprisonment. The sentences on imprisonment are to run concurrently.

3. The first information report was lodged at the Nongstoin Police Station on March 17, 2015 by the mother of the minor victim who was then said to be 10 years and four months old. The FIR claimed that the minor had been raped by the appellant herein at 9 am on the same day. The complaint went on to narrate that the appellant had