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2024 Supreme(Online)(MEGH) 163

HIGH COURT OF MEGHALAYA
Mr. Justice S. Vaidyanathan, CJ, Mr. Justice W. Diengdoh, J
LIOS SWER – Appellant
Versus
THE STATE OF MEGHALAYA – Respondent


Advocates:
Mr. A.S. Siddiqui, Sr.Adv with Ms. A. Kharmyndai, Adv; Mr. K. Khan, AAG with Mr. S. Sengupta, Addl.P.P.; Mr. R. Gurung, GA

Table of Content
1. complaint lodged by mother (Para 2)
2. defense arguments on inconsistencies (Para 3)
3. prosecution's rebuttal (Para 4)
4. analysis of victim's testimony (Para 5)
5. credibility of victim's statement (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
6. court's reasoning on conviction (Para 13 , 14 , 15 , 16 , 17 , 18)
7. dismissal of appeal (Para 19)

JUDGMENT

This Criminal Appeal is directed against the judgment and order dated 09.03.2023, passed by the Special Judge (POCSO) / Addl.DC(J), East Jaintia Hills District, Khilehriat, Meghalaya in Special (POCSO) Case No.36 of 2020 and the accused / Appellant herein was convicted by the Trial Court for the offence under Section 5(l)/6 of The Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act, 2012’) and Section 506 IPC and sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.10,000/-, in default to undergo Simple Imprisonment for five months in respect of Section 5(l)/6 of POCSO Act, 2012 and to pay a fine of Rs.5,000/- for the offence under Section 506 IPC in default to undergo Simple Imprisonment for one month. In addition, compensation of Rs.3,00,000/- was directed to be paid

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