Apjen B. Marak vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 23

W. DIENGDOH
Apjen B. Marak – Appellant
Versus
State of Meghalaya – Respondent

Advocates appeared:
Shri A.S. Siddiqui, Sr. Advocate, with Ms. A. Kharmyndai, for the Appellant; Mr. S. Sengupta, Ms. Tenzing Yangkyi, Advocate, for the Respondent

JUDGMENT

1. Heard Mr. A.S. Siddiqui, learned Sr. Counsel appearing on behalf of the petitioners who has submitted that the petitioner No.1 and Petitioner No. 2 have been living together as husband and wife according to local customs and culture prevailing among the Garo Schedule Tribe.

2. However, due to some misunderstanding between the parties in the month of January 2020, the respondent No.2 who is the father of the petitioner No.2 has lodged an FIR dated 24.01.2020 before the Officer Incharge Women Police Tura, West Garo Hills and the same was registered as Tura Women PS Case No. 04(01)2020 under Section 5 06 IPC r/w Section 5 (j)(ii)(l)/6 of the POCSO Act.

3. The learned Sr. Counsel has submitted that inspite of the case being registered, the petitioners are staying together and was blessed with a child who, unfortunately died a week after its birth.

4. The criminal case in its usual course continued with the filing of the charge sheet against the petitioner No.1 and the matter was taken cognizance of by the learned Special Judge (POCSO) in Spl. POCSO Case No. 2 of 2022. The case is at the stage of evidence.

5. The learned Sr. counsel has further submitted that the pendency of the

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