Sopiwara Begum vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 44

W. DIENGDOH
Sopiwara Begum – Appellant
Versus
State of Meghalaya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. S.A. Sheikh, Adv.
For the Respondent: Mr. H. Abraham, GA., Ms. S. Bhattacharjee, GA.

JUDGMENT :

W. DIENGDOH, J.

1. Heard Mr. S.A. Sheikh, learned counsel for the petitioner who has submitted that the petitioner herein apprehending arrest in connection with Tura Women P.S. Case No. 36 (5) 2023 under Section 376DA/120B IPC read with Section 5(g)/6 of the POCSO Act, 2012 has approached this Court with an application under Section 438 Cr.P.C with a prayer for grant of pre-arrest bail on behalf of the petitioner.

2. The learned counsel has submitted that the said Tura Women P.S. Case was registered on the basis of an FIR filed on 27.05.2023 before the In-charge Jangkipara Outpost, West Garo Hills District.

3. The complainant who is the father of a minor girl aged about 15 years has alleged that on 26.05.2023 at about 2:00 pm, his minor daughter, while collecting firewood from a nearby jungle was accosted by the three accused persons named in the said FIR, who has committed the act of rape on the said minor.

4. In course of investigation, the name of the petitioner herein has also figured, inasmuch as, it was alleged that she along with her son had lured the said minor girl to the jungle and had also arranged that the three accused persons be present at the place of occurrenc