Meghalaya HC upholds conviction of three men in 2016 POCSO gang rape case, dismisses appeals

The Meghalaya High Court has upheld the conviction and 10-year prison sentences of three men convicted under the Protection of Children from Sexual Offences (POCSO) Act in connection with the gang rape of a 15-year-old girl in West Khasi Hills in 2016, dismissing all three criminal appeals.

A division bench comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh dismissed the appeals filed by Cleverstrein Marngar, Proningstar Marngar and Basnes Ryntathiang, ruling that the trial court had "rightly convicted the appellants" and that "no interference is warranted" in the conviction and sentence.

The case stems from an FIR registered at Nongstoin Police Station after the survivor's mother alleged that her 15-year-old daughter was raped by six assailants on September 11, 2016. Eight people were arrested during the investigation, of whom three were found to be children in conflict with law and were tried separately before the Juvenile Justice Board. The remaining five were convicted by the Special POCSO Court, although only three challenged the verdict before the High Court.

The appellants had argued that the prosecution failed to prove the case beyond reasonable doubt, questioned the survivor's identification of the accused, pointed to alleged contradictions in the evidence, and contended that the alteration of charges during trial had caused prejudice to their defence.

Rejecting these submissions, the High Court held that the prosecution had established the "foundational facts" required under the POCSO Act. The bench found the survivor's testimony to be consistent and credible, observing that there was "nothing in the cross" to discredit her evidence. It also noted that her account was corroborated by her friend, family members, medical evidence and the Test Identification Parade (TIP).

The court relied on medical evidence showing "signs of recent sexual assault", penetrative injuries and physical injuries on the survivor's body. It also noted that the survivor had correctly identified all the accused except one co-accused during the TIP, while clarifying that although a TIP is not substantive evidence, it carries corroborative value.

Addressing the defence's objection over the survivor's birth certificate being produced after the charge was altered, the bench said the document remained unchallenged and that nothing turned on the timing of its production since the survivor's age itself had not been disputed.

Concluding that the prosecution had successfully proved its case and that the appellants had failed to rebut the statutory presumptions available under the POCSO Act, the High Court dismissed all the appeals, leaving the conviction and sentence imposed by the trial court intact.