Meghalaya High CourtCriminal LawCriminal Procedure and Evidence

Meghalaya HC Upholds 24-Year Sentence For Stepfather Who Sexually Assaulted His 10-Year-Old Stepdaughter

MILLINGSTONE KHARDEWSAWv.STATE OF MEGHALAYA

Meghalaya HC Upholds 24-Year Sentence For Stepfather Who Sexually Assaulted His 10-Year-Old Stepdaughter. MILLINGSTONE KHARDEWSAW vs STATE OF MEGHALAYA. Meghalaya High Court. LawLens
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In brief

The question

1. Whether the evidence on record proved the appellant’s guilt under Sections 5(m)(n) and 6 of the POCSO Act and warranted upholding the conviction and sentence.

The court held

The High Court dismissed the appeal and upheld the conviction and 24-year sentence.

It also directed

It directed the Secretary of the District Legal Services Authority, South West Khasi Hills, to report within six weeks whether the ₹3 lakh compensation had been disbursed, and directed the Registry to forward the judgment to the Secretary; the matter was listed for compliance on 21 December 2026.

01Facts

The appellant was convicted by the Special Judge (POCSO), South West Khasi Hills, of offences under Sections 5(m)(n) and 6 of the Protection of Children from Sexual Offences Act, 2012, for sexually assaulting his 10-year-old stepdaughter, and sentenced to 24 years’ rigorous imprisonment.

p. 2

The trial court also recommended ₹3 lakh in compensation for the survivor under Section 33(8) of the POCSO Act read with Rule 7 of the POCSO Rules, 2012.

p. 2

The appellant appealed, challenging the conviction and sentence.

pp. 4–5

The High Court considered the survivor’s testimony, supporting evidence from her mother and doctors, and the appellant’s confession recorded under Section 164 CrPC.

pp. 6–14

02Issues

i.1. Whether the evidence on record proved the appellant’s guilt under Sections 5(m)(n) and 6 of the POCSO Act and warranted upholding the conviction and sentence.

pp. 5, 12–14

ii.2. Whether any interference with the trial court’s order was warranted in the appeal.

p. 5, 14

iii.3. Whether the court should require confirmation that the recommended compensation had been disbursed to the survivor.

p. 14

03Law Applied

The court considered the appellant’s conviction under Sections 5(m)(n) and 6 of the POCSO Act, 2012, concerning aggravated penetrative sexual assault and its punishment.

p. 2, 14

It assessed the survivor’s testimony alongside corroborative evidence, including the medical evidence and the appellant’s confession recorded under Section 164 CrPC.

pp. 6–14

For compensation, it referred to Section 33(8) of the POCSO Act read with Rule 7 of the POCSO Rules, 2012.

p. 2, 14

Provisions in the judgment · 4 · Linked ones open on LawLens

Protection of Children from Sexual Offences Act, 2012 Section 5Section 6Section 33

Code of Criminal Procedure, 1973 Section 164

04Reasoning

The High Court found the survivor’s account of the assault credible and noted that the defence did not materially challenge it in cross-examination.

pp. 6–7, 12

Her mother’s evidence supported the account, and the doctors’ evidence described inflammation and a hymenal tear consistent with the reported assault.

pp. 7–12

The court also relied on the appellant’s Section 164 CrPC confession, which he did not deny making.

pp. 13–14

Taken together, this evidence left no basis to disturb the conviction or sentence.

p. 14

05Holding

The High Court dismissed the appeal and upheld the conviction and 24-year sentence.

p. 14

It directed the Secretary of the District Legal Services Authority, South West Khasi Hills, to report within six weeks whether the ₹3 lakh compensation had been disbursed, and directed the Registry to forward the judgment to the Secretary; the matter was listed for compliance on 21 December 2026.

pp. 14–15
Meghalaya High Court

Original Court PDF

MILLINGSTONE KHARDEWSAWvsSTATE OF MEGHALAYA

Meghalaya High Court · October 29, 2026

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