Shillong, May 20 : The High Court of Meghalaya has upheld the conviction of a West Khasi Hills man sentenced to 15 years rigorous imprisonment for sexually assaulting his minor daughter under the POCSO Act.
The bench of Chief Justice Revati Mohite Dere and Justice W. Diengdoh on Tuesday dismissed the appeal filed by Shanborlang Thabah, challenging the August 3, 2023, judgment of the Special Judge (POCSO), Nongstoin. The trial court had found Thabah guilty under Section 6 of the POCSO Act and imposed a ₹50,000 fine, with six months additional simple imprisonment in default. It also recommended ₹2 lakh compensation for the survivor through the Meghalaya State Legal Services Authority.
According to the prosecution, the survivor was between 14 and 15 years old when the offences occurred at their residence. The case came to light after she confided in her cousin, who informed her aunt. The aunt told the survivor’s uncle, PW1, who lodged the FIR with Mairang Police Station. Seven witnesses were examined during trial, including the survivor, her mother, uncle, a medical officer, and the investigating officer.
Appearing for Thabah, advocate S.A. Pandit argued that the survivor’s testimony could not be relied upon due to alleged discrepancies between her court deposition and her statement recorded under Section 164 Cr.P.C. He contended that other witnesses offered only hearsay evidence.
Additional Advocate General K. Khan, for the State, submitted that the appellant had “grossly abused and misused the trust reposed in him as a father” and that the survivor’s testimony inspired confidence and had gone unchallenged on material points.
The High Court, after hearing both sides and reviewing the evidence, found no reason to interfere with the conviction and sentence passed by the Special Judge.
