Meghalaya HC upholds POCSO conviction, cuts fine in 2015 child assault case

The Meghalaya High Court has upheld the conviction of a man for sexually assaulting a 12-year-old girl in 2015, while reducing the fine imposed on him from Rs 5,000 to Rs 1,000.

A division bench headed by Chief Justice Revati Mohite Dere passed the order on September 16, dismissing the challenge to the three-year imprisonment imposed by the Special Judge (POCSO), East Khasi Hills, Shillong. The court, however, partly allowed the appeal by modifying the fine and the sentence in default of payment.

The case dates back to June 20, 2015, when the survivor, then a Class V student, was allegedly sexually assaulted at her home. Her mother lodged an FIR at Madanrting police station on June 23, leading to the registration of a case under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act. The police later filed a chargesheet under Section 5(m) read with Section 6 of the POCSO Act and Section 450 of the IPC.

The accused was convicted by the Special POCSO Court in December 2023 and sentenced to three years' rigorous imprisonment along with a Rs 5,000 fine. He subsequently challenged the conviction before the High Court.

During the appeal, the defence argued that the survivor's statement was not corroborated and that much of the prosecution evidence was hearsay. It also pointed to the three-day gap between the incident and registration of the FIR and sought a sympathetic view of the sentence, noting that the accused was 48 at the time.

The prosecution, however, argued that the survivor's evidence was sufficient to establish the offence and that such crimes are generally committed in secrecy, meaning eyewitnesses are unlikely to be available.

The High Court found the survivor's testimony credible and said it was supported by the evidence of her mother and younger brother. The court noted that there was no cross-examination challenging key portions of the survivor's account.

The survivor had told the court that the accused called her into the sitting room and touched her inappropriately. The judgment records her statement that he "caught hold of me" and touched her breast and private parts.

The court also relied on the testimony of the survivor's nine-year-old brother, who said he saw the accused sitting close to his sister, with his left hand around her shoulder. He testified that the accused removed his hand and stood up when he noticed him.

The survivor's mother told the court that when she returned home, her daughter was crying and disclosed that the accused had touched her by putting his hand inside her clothes. The High Court said the evidence of the survivor was "duly corroborated" by that of her mother and brother.

On the delay in lodging the FIR, the court rejected the defence argument, observing that the incident had initially been reported to the Rangbah Shnong, who subsequently advised the family to approach the police. The court therefore held that there was no unexplained delay.

The High Court also noted that the survivor's age had been established through her birth certificate issued by the Diengpasoh PHC, and that her status as a minor had not been disputed during cross-examination.

The court held that the act proved against the accused constituted an offence under Section 8 of the POCSO Act. Since the three-year imprisonment imposed by the trial court was the statutory minimum, it found no reason to interfere with the prison term.

The fine was, however, reduced to Rs 1,000. The sentence in default of payment was also reduced to seven days. The conviction and three-year imprisonment were otherwise confirmed.

The court further said the appellant would be entitled to the Remission Policy, 2026, wherever applicable.