Meghalaya HC upholds 10-year sentence, dismisses consent claim in relative’s rape of 16‑year‑old

A man convicted of repeatedly raping a 16-year-old relative had his appeal dismissed by the Meghalaya High Court on Monday, with the bench ruling that his guilt had been proved beyond reasonable doubt.

Banteilang Sohshang was sentenced to a minimum of 10 years' rigorous imprisonment by a Special POCSO Court in Nongstoin in November 2021. He challenged that conviction before the High Court, arguing that his relationship with the survivor was consensual. The bench, comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh, rejected that argument outright.

The case itself has an unusual origin. The assaults — which took place between March and July 2016 at the home of the survivor's aunt, where the accused was also staying — came to light only after lightning struck the appellant's mother's house twice.

According to Khasi customary belief, a double lightning strike signals that someone in the household has committed incest. When the mother questioned her family, the accused admitted he had had sexual intercourse with the survivor, who was his relative and belonged to the same clan.

The survivor, examined as PW2, described multiple incidents of forcible assault. On the first occasion in March 2016, the accused called her into his room, locked the doors and windows so no one could hear her screams, and raped her. Subsequent assaults followed in April, May, June and July of that year. She testified she stayed silent because "the accused had threatened to kill her."

The survivor's testimony was corroborated by her mother, the aunt at whose house the assaults occurred, the accused's own mother, and his cousin sister — all of whom confirmed that the accused had confessed after the lightning incident. A clan meeting was held, but nothing was resolved, prompting the survivor's mother to file an FIR. Medical evidence from Dr W.R. Nongkhlaw of Nongstoin Civil Hospital further corroborated the account.

The defence counsel, arguing that the relationship was consensual, pointed to statements by several witnesses describing it as a "love relationship." The court found this irrelevant. "The consent given by a minor girl is immaterial," the bench noted, adding that the survivor herself had categorically denied any consensual relationship and that her testimony of forcible assault had gone unchallenged in cross-examination.

The accused had also not pleaded consent in his Section 313 statement — a fact the court found telling.

The trial court had separately recommended compensation of Rs 50,000 to the survivor from the Meghalaya State Legal Services Authority for her rehabilitation and mental health treatment. The High Court directed the Secretary of the District Legal Services Authority, West Khasi Hills, to submit a compliance report within six weeks. The matter is listed for compliance on June 18, 2026.