Meghalaya HC upholds 24-year jail term for man convicted of sexually assaulting stepdaughter

The Meghalaya High Court has upheld the 24-year rigorous imprisonment sentence awarded to a man convicted of sexually assaulting his 10-year-old stepdaughter in South West Khasi Hills in 2016, dismissing his appeal against the conviction.

A division bench comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh, in a judgment pronounced on October 29, found no grounds to interfere with the conviction and sentence imposed by the Special Judge (POCSO), South West Khasi Hills, on May 6, 2021.

The appellant, identified as Millingstone Khardewsaw, had challenged his conviction under Sections 5(m)(n) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

According to the prosecution, the incident took place on September 4, 2016, when the survivor was alone at home with her stepfather while her mother had gone out to collect money.

The survivor told the court that the accused grabbed her while she was preparing to take a bath, carried her to a bed and sexually assaulted her. She further testified that he gagged her with a cloth when she cried out in pain, threatened to kill her if she disclosed the incident and tied her hands behind her back to a wooden pole before leaving the house.

Her mother returned around noon and found her unconscious, with her hands tied behind her back and blood on her mouth and legs. After helping her regain consciousness, she took her to her sister's house, where the child disclosed the assault.

The mother subsequently took her daughter to Mawkyrwat Community Health Centre before arranging her transfer to Ganesh Das Hospital in Shillong for further treatment.

The High Court observed that the survivor's testimony had remained largely unchallenged during cross-examination. It also noted that the accused had not disputed her statement that she had narrated the incident truthfully before the court.

The bench said the survivor's evidence was reliable, trustworthy and credible, adding that it was corroborated by her mother's testimony and medical findings.

Medical examinations conducted at Ganesh Das Hospital revealed inflammation of the labia and a hymenal tear at the five o'clock position. The survivor was admitted to the hospital and discharged on September 15, 2016.

The court also noted that the accused had not denied making a confession before a Judicial Magistrate First Class under Section 164 of the Code of Criminal Procedure. The confession, recorded during the investigation, contained his admission that he had sexually assaulted his stepdaughter.

While dismissing the appeal, the bench observed that the accused had "completely breached the relationship of trust" with his stepdaughter and had taken undue advantage of her when his wife was away from home.

"Having regard to the aforesaid, no interference is warranted in the impugned judgment and order of conviction and sentence," the court held.

The trial court had also recommended compensation of Rs 3 lakh for the survivor through the Meghalaya State Legal Services Authority for her rehabilitation and mental health treatment.

The High Court has now directed the Secretary of the District Legal Services Authority, South West Khasi Hills, to submit a report within six weeks on whether the compensation has been disbursed.

The matter has been listed for December 21, 2026, to record compliance.