SHRI. THOSTERNING LYNGDOH NONGLAIT Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Ms. S. Nongsiej, learned counsel for the petitioner/accused, who has submitted that the petitioner/accused was arrested on 12/3/2023 on the strength of an FIR dtd. 12/3/2023 lodged by the respondent No. 3 on the allegation that her minor daughter was sexually assaulted by three persons, whereupon the police on receipt of such FIR had registered a case being Diengpasoh P.S. Case No. 01(03) 2023 under Sec. 5(g)/6 of the POCSO Act.

(2.) The learned counsel has submitted that affidavit of service as regard the issuance of notice upon the respondent No. 3 has been filed to indicate that the notice has been affectively issued, however, the respondent No. 3 has failed to appear before this Court today. Accordingly, on prayer made, this matter shall proceed ex-parte against the respondent No. 3.

(3.) The Investigating Officer after investigation has been completed, has filed the charge sheet in June 2023 implicating the petitioner herein along with two other co-accused who are made to stand trial before the competent court of jurisdiction in Special (POCSO) Case No. 24 of 2023 pending before the Court of the learned Special Judge (POCSO), East Khasi Hills District, Shillong.