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W. DIENGDOH
Wanphai Masharing – Appellant
Versus
State of Meghalaya – Respondent
ORDER (ORAL)
W. Diengdoh, J. - This is an application under Section 439 Cr.P.C made with a prayer for grant of bail to the accused person Shri. Pynskhemborlang Masharing connected with Special POCSO Case No. 20 of 2023 under Section 354, 354B, 361, 363, 376(1), 375(2)(j), IPC read with Section 3(a)/4/7/8 of the POCSO Act pending before the court of the learned Special Judge, (POCSO), Nongpoh, Ri Bhoi District.
2. Heard Mr. L. Syiem, learned counsel for the petitioner who has submitted that on the basis of an FIR dated 23.05.2023 filed by the respondent No. 2 the accused person in question was arrested in connection with Women PS Case No. 29(05) of 2023 under Section 354(A)(i)/376(1) IPC read with Section 3(a)/4 POCSO Act, 2012.
3. The learned counsel has also submitted that the background facts leading to the arrest of the accused person in question was based on the statement of the survivor who had narrated to her mother, the respondent No. 2 herein about an incident which occurred sometime in the month of December 2022, where she was allegedly sexually assaulted by one person named Raymond Nongkhlaw. The survivor has further stated that in the month of March 2023 she had a love rela
The court established that consensual relationships among adolescents should be carefully evaluated under the POCSO Act to avoid unjust criminalization.
The consensual nature of the act, the severity of the offence, and the discretion of the court in bail matters are crucial in determining the grant of bail.
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 age of consent is irrelevant in bail decisions under the POCSO Act; factors such as the nature of the offence and the accused's behavior must guide discretion.
It is also a general principle of bail jurisprudence that bail and not jail should be the guiding principles for courts as the purpose of bail is to allow the accused to prepare his defence sans a ho....
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....
A minor's consent is not valid for sexual intercourse, and the age of consent for sexual intercourse is definitively 18 years.
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