The Meghalaya High Court has upheld the conviction and three-year prison sentence of a man for sexually assaulting a 12-year-old girl in 2015, while reducing the fine imposed on him from Rs 5,000 to Rs 1,000.
A division bench headed by Chief Justice Revati Mohite Dere dismissed the appeal against the jail term awarded by the Special Judge (POCSO), East Khasi Hills, Shillong, modifying only the fine amount and the default sentence to seven days. The court noted that the three-year rigorous imprisonment handed down in December 2023 is the statutory minimum under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, leaving no room for judicial interference.
The incident occurred on June 20, 2015, at the survivor’s home, leading to an FIR lodged by her mother at the Madanrting police station three days later. Rejecting the defence’s claims of uncorroborated hearsay and unexplained delay, the bench held that the survivor’s testimony was consistent, credible, and unchallenged on key details during cross-examination. The court observed that offences of this nature often take place in secrecy where direct eyewitnesses are unlikely.
The survivor testified that the accused called her into the sitting room and touched her inappropriately over her chest and private parts. Her account was supported by her younger brother, who witnessed the accused sitting closely with his arm around the victim, and by her mother, who found the girl crying and received an immediate disclosure upon returning home.
Addressing the three-day gap before police filing, the bench ruled the timeline justified because the family had first reported the matter to the local Rangbah Shnong, who then advised them to approach law enforcement. The court also affirmed the victim’s minor status based on an undisputed birth certificate issued by the Diengpasoh Primary Health Centre, adding that the convict remains entitled to the state’s Remission Policy, 2026, where applicable.
