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HIGH COURT OF MEGHALAYA
Mr. Justice S. Vaidyanathan, CJ, Mr. Justice W. Diengdoh, J
RAJINGSTAR THABAH – Appellant
Versus
THE STATE OF MEGHALAYA AND 2 ORS. – Respondent
| Table of Content |
|---|
| 1. complaint and investigation (Para 2) |
| 2. defense arguments on evidence (Para 3) |
| 3. prosecution's rebuttal (Para 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. analysis of evidence (Para 5) |
| 5. legal principles on conviction (Para 15) |
JUDGMENT
(Made by the Hon’ble Chief Justice)
This Criminal Appeal is directed against the judgment and order dated 08.07.2022 and the order of sentence dated 11.07.2022, passed by the Special Judge (POCSO), Shillong in Special POCSO Case No.5 of 2018 and the accused / Appellant herein was convicted by the Trial Court for an offence under Section 6 of The Protection of Children from Sexual Offences Act, 2012 (in short „POCSO Act, 2012‟) and sentenced to undergo Rigorous Imprisonment for a period of 18 years and to pay a fine of Rs.20,000/-, in default to undergo Simple Imprisonment for another 3 months. The fine amount was directed to be given to the victim girl.
Brief Prosecution Case:
2. A complaint was given by the mother of the victim girl on 03.11.2017 before Sohiong Police Outpost, East Khasi Hills, stating that the accused, namely, Rajingstar Thabah had committed aggravated penetrative sexual assault on her daughter aged about 5 years a
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