IAIDSHAPHRANG NONGSIANG vs THE STATE OF MEGHALAYA AND ORS.

2026:MLHC:1029
Serial No. 06
Regular List

HIGH COURT OF MEGHALAYA
AT SHILLONG

BA. No. 58 of 2026

Date of Decision: 14.09.2026
Shri. Iaidshaphrang Nongsiang
Son of (L) Nandrabos Nongbri
Of Village-Mawmarin,
P.S- Nongstoin, West Khasi Hills District,
Meghalaya.
Presently in District Prison & Correctional
Home, Shillong.
…….. Petitioner

- Vs-


1. The State of Meghalaya represented by its
Commissioner and Secretary (Home),
Shillong.

2.
“X” (Complainant)

3.
“Y” (Parent/Custodian of victim)
Respondents
..……

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:
For the Petitioner/Appellant(s) : Mr. S. Pandit, Adv.
Ms. I.S. Kharumnuid, Adv.


For the Respondent(s) : Mr. K.P. Bhattacharjee, GA. for R 1.
Ms. B. Kharbani, LAC/R 2.


i) Whether approved for reporting in Yes/No
Law journals etc.:
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ii) Whether approved for publication
in press: Yes/No

JUDGMENT AND ORDER (ORAL)

1. Heard Mr. S. Pandit, learned counsel for the petitioner, who has
submitted that this application under Section 483 BNSS, 2023 has been filed by
the petitioner on his being arrested in connection with Nongstoin P.S. Case No.
68 (10) 2025 under Section 5(j)(ii)(l)/6 POCSO Act, the allegation being that he
was involved in a case of sexual assault, more particularly being accused of
having perpetrated penetrative sexual assault upon a minor girl of about 14 years
of age, whereupon, the mother of the said survivor had lodged the FIR before
the Officer-in-Charge, Nongstoin Police Station complaining about the alleged
act of the petitioner/accused.
2. Accordingly, investigation was launched and eventually, the
Investigating Officer has filed the charge sheet finding a well-established prima
facie case against the petitioner/accused under the relevant provision of the
POCSO Act, for which he was directed to stand trial before the competent court
of jurisdiction.
3. The matter then came up before the Court of the learned Special
Judge (POCSO), West Khasi Hills District, Nongstoin in Spl. POCSO Case No.
7/2026, the stage of the case at this point of time, is for recording of evidence of
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the prosecution witnesses, two of whom have since been examined so far, the
survivor as PW. 1 and the doctor who has examined her at the hospital as PW.
2.
4. The learned counsel has further submitted that records would show
that this is a case of purely consensual sexual encounter where the survivor had
fairly admitted to the same in her statement before the police as well as before
the Magistrate. Accordingly, since it is a love relationship between the
petitioner/accused and the survivor, the prayer made herein is for grant of bail
with any conditions that this Court may deem fit and proper to impose,
considering the fact that the petitioner is a permanent resident of Meghalaya in
the West Khasi Hills District and a daily wage earner with no past criminal
antecedent.
5. Per contra, Mr. K.P. Bhattacharjee, learned GA appearing for the
State respondent No. 1, has opposed the prayer made on the ground that records
would show that the petitioner/accused has repeatedly sexually assaulted the
survivor who is admittedly a minor of about 14 years of age at the time of the
incident, and because of this, the survivor became pregnant, and it was only
when she had visited the hospital for treatment of the same that the incident came
to be known, and eventually, the FIR was filed by the complainant/mother of the
survivor.
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6. The learned GA has also submitted that apart from the offence being
very serious in nature, it is also on record that the petitioner/accused is already
a married man with wife and children, and as such, any claim of relationship
with the survivor would not hold any water, but instead, would reveal the
criminal nature of the petitioner/accused.
7. It is the further submission of the learned GA that the matter is
already for recording of the evidence of the prosecution witnesses, where two
out of six prosecution witnesses have already been examined and discharged. As
such, he submits that this Court, instead of enlarging the petitioner/accused on
bail, may be pleased to direct expeditious trial of this matter. It is therefore
prayed that this petition being devoid of merits, the same is liable to be
dismissed.
8. Ms. B. Kharbani, learned Legal Aid Counsel appearing for the
complainant/respondent No. 2 has submitted that on instructions, the
complainant has no objection to the prayer made by the petitioner as far as bail
is concerned. However, she submits that it is left to the discretion of this Court
to deal with the matter accordingly.
9. This Court has considered the submission made, and on the basis of
what has been submitted, is made to understand that there has indeed been an
act of sexual intercourse between the petitioner/accused and the survivor in
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question, the evident of which is the resultant pregnancy and the birth of a child
on 28.10.2025, wherein, the child is now about 10(ten) months or so.
10. The fact that the relationship between the petitioner/accused and the
survivor is a love relationship, has been admitted by the survivor in her statement
made at various places, however, it is also evident that during the period of the
relationship, the survivor is not aware that the petitioner/accused is already a
married man. It was only when she had tried to contact the petitioner after her
pregnancy was discovered that she was told by the wife of the petitioner/accused
that he is already married.
11. It is true that since the case is at the stage of evidence, therefore, the
Trial Court has to take up the matter in accordance with law and to complete the
formalities till the conclusion of the trial. Hence, at this point of time, it would
not be proper for this Court to comment on the merits of the case.
12. However, the fact that the petitioner/accused person having entered
into a relationship with a minor, and having committed the act of sexual
intercourse to the extent that she became pregnant and concealing the fact that
he is already a married person while still in that relationship, does not speak well
about his character. This, if anything else, would be one of the factors that would
weigh on this Court while considering the case of the petitioner/accused herein.
Admittedly, the petitioner/accused has been in custody for quite some time,
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however, because of the conduct of the petitioner and the seriousness of the
offence, this Court, at this juncture, is not inclined to allow the prayer made in
this petition, and the same is hereby rejected.
13. It is however made open to the petitioner/accused to approach this
Court at a later point of time, if the trial could not be completed in the near future.
14. In view of the above, this petition is disposed of accordingly. No
costs.

Judge


Signature Not Verified
6

Digitally signed by
DARIKORDOR NARY
Date: 2026.09.14 20:44:41 IST