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W. DIENGDOH
Shembhalang Rynghang – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. This is an application under Section 482 Cr.P.C invoking the inherent power of this Court to be applied to the facts and circumstances of the case of the petitioners.
2. The background of the matter relates to an FIR dated 29.11.2017 which was lodged by the mother of petitioner No. 2, alleging inter alia that on 29.11.2017 she had gone to Ganesh Das Hospital, Shillong for medical treatment of her daughter who was then 16 years of age as she was complaining of stomach ache and after being medically examined by the doctor, it was found out that she was two months' pregnant. On enquiry, the daughter revealed that she is having a relationship with the petitioner No. 1 herein for the last 10(ten) months.
3. On acknowledgement of the FIR, the police registered a case being, Umiam P.S Case No. 94(11)2017 under Section 376(2)(n) IPC r/w Section 4 POCSO Act, 2012 and investigation was launched. The Investigating Officer then filed the charge sheet holding that a prima facie case is found well established against the accused/petitioner No. 1 and he was accordingly forwarded to the Court for trial.
4. The learned Special Judge (POCSO), Ri-Bhoi District, Nongpoh took cognizance of the
The main legal point established is the application of the POCSO Act to protect children from sexual exploitation, emphasizing the offense of penetrative sexual assault and the lack of capacity to gi....
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....
Consent immaterial for penetrative sexual assault on minor under 18; conviction upheld on unrebutted presumptions, medical/forensic evidence despite romantic claim; distinguished from marriage/progen....
Sexual Autonomy encompasses both, right to engage in wanted sexual activity and right to be protected from unwanted sexual aggression – Only when both aspects of adolescent’s rights are recognized, h....
The court recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
The court's decision emphasized the importance of allowing the trial to be completed in cases involving the POCSO Act, considering the peculiar facts and circumstances, and the enabling provision of ....
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....
(1) Any act of sexual assault or sexual harassment to children should be viewed very seriously.(2) Child needs extra protection – No leniency can be shown to an accused who has committed offences und....
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