HEIRATAMI BIAM Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
STATE OF MEGHALAYA
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W. Diengdoh, j. -
(1.) Under consideration herein is an application under Section 438 Cr.P.C. which emanated on 28.02.2020 when an FIR was lodged by the Complainant as the mother of the victim before the Officer-In-Charge, Women Police, Jowai Police Station, West Jaintia Hills District alleging that the petitioner herein had sexually assaulted and raped her minor daughter on 27.02.2020 at about 6.30 P.M at the staff quarter of Finedy Tea Stall, Lad Thomas Jones College, Jowai.
(2.) From the records, including the contents of the case dairy of Jowai P.S Case No 30 (2) 20 under Section 3(a)/4 of POCSO Act, which is the registered number of the FIR so lodged, it is seen that on receipt of the verbal information from the Complainant who had appeared personally at the Police Station at about 10.10 P.M on 27.02.2020, the victim was sent for medical examination. Thereafter, as stated above, the FIR was lodged on 28.02.2020 and formal investigation was launched.
(3.) In the meantime, the petitioner had approached the Court of the Special Judge (POCSO), Jowai with an application under Section 438 Cr.P.C., who has initially granted interim bail to the petitioner and had called for the case dairy and after finally hearing the parties, had, vide Order dated 09.07.2020 rejected the application of the petitioner. Thereafter, the I/O then sought to arrest him in connection with the said Jowai P.S case No 30 (2) 20.;
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