Shillong, May 20: The Meghalaya High Court has dismissed the appeal of a man convicted of sexually assaulting his 16-year-old sister-in-law, ruling that any claim of consent had no legal standing since the survivor was a minor under the law.
Rishan Marwein, who was 21 at the time of the incident, had been convicted by a Special POCSO Court in Nongstoin in September 2023 under provisions of the Protection of Children from Sexual Offences Act, 2012. The trial court sentenced him to 20 years of imprisonment and imposed a fine of ₹30,000.
According to court records, the incidents took place in October 2020. The prosecution stated that the survivor was subjected to sexual assault on two occasions. The matter later came to light after family members noticed unusual behaviour and questioned the survivor, following which a complaint was lodged.
During the appeal proceedings, the defence argued that the relationship was consensual and referred to judicial precedents in support of the claim. However, the division bench comprising Revati Mohite Dere and W. Diengdoh rejected the argument, observing that consent by a person below the age of 18 years is legally irrelevant under the POCSO Act.
The court also noted that the accused held a position of trust within the family and stated that he had taken advantage of the survivor’s young age. It further observed that his statement during trial proceedings contradicted the defence put forward during the appeal.
Medical evidence presented before the court supported the prosecution’s case, while the survivor’s birth certificate, which established her age as 16 at the time of the incidents, remained undisputed throughout both the trial and appellate stages.
The High Court also directed the District Legal Services Authority of West Khasi Hills to submit a report within six weeks regarding the payment of ₹1 lakh compensation recommended earlier for the survivor’s rehabilitation and welfare. The matter has been listed for compliance on June 18, 2026.
