Shillong, Sep 16: The Meghalaya High Court has acquitted a man in a POCSO case, setting aside his 10-year rigorous imprisonment, holding the prosecution failed to prove beyond reasonable doubt the identity of the accused.
The division bench of Chief Justice Revati Mohite Dere and Justice Wanlura Diengdoh set aside the October 12, 2022 judgment of the Special Judge (POCSO), West Khasi Hills against Emanuel Marwein.
The court found that the girl named one uncle in court, but gave a different uncle’s name to the doctor.
“Although both are uncles, the names are different,” the court observed, referring to the doctor’s record naming “Phring Monday Marwein @ Aka mama” as the assailant, which the bench noted “is not the name of the appellant.”
The court said that the letter allegedly written by the survivor, on the basis of which the FIR was registered, “shows that there is no mention of the uncle’s name at all.”
On the timeline, the court said, “The date of the letter allegedly written by the survivor is dated 28th June, 2017, whereas, the FIR was lodged on 8th June, 2017. This also does not stand to reason.”
“We find that the prosecution has failed to establish beyond reasonable doubt that it is the appellant and the appellant alone who committed sexual assault on the survivor,” the bench held, ordering his release and refund of fine.
In another case, the court upheld the conviction of one Lam Shylla for sexually assaulting a 12-year-old girl in 2015.
Chief Justice Revati Mohite Dere on Wednesday dismissed his appeal against the 2023 order of the Special POCSO Court, Shillong, which had sentenced him to three years rigorous imprisonment under Section 8 of the POCSO Act.
The court found the girl’s statement trustworthy. It said that the three-day delay in filing the FIR was explained as the family had first reported the matter to the village head.
While keeping the jail term, the court reduced the fine from Rs 5,000 to Rs 1,000.
