Meghalaya High Court upholds conviction of boy who sexually assaulted his minor girlfriend after rendering her unconscious

Recently, the Meghalaya High Court upheld the conviction of a boy who had sexually abused his girlfriend by temporarily intoxicating her to satisfy his sexual desire/lust.

The accused and the minor victim had a romantic relationship. However, after the minor refused to have a sexual relationship with him, the accused committed aggravated sexual abuse of the girl through penetration by putting a sedative in her tea.

The accused pleaded that the sentence of 20 years under Section 376(2) IPC can be reduced to 10 years as the sexual relationship was based on a love affair with the consent of the victim.

After the court found that the medical report sufficiently confirmed the victim’s statement, Chief Justice S. Vaidyanathan and Justice W. Diengdoh refused to interfere with the sentence imposed on the accused.

The court stated: “Although there was a love relationship between the accused and the victim, due to the victim’s repeated refusal to have sexual intercourse, the accused mixed an intoxicating element in the tea and put her into a sleep with partial consciousness. Thereafter, he committed the offence of aggravated sexual assault on the victim, which is highly reprehensible and amounts to betrayal of the girl.”

The court also rejected the argument of delay in registering the FIR against the accused. Citing the Supreme Court decision in Condition of Himachal Pradesh v. Prem Singh, reported in AIR 2009 SC 1010the judgment of the Chief Justice observed that delay in filing an FIR is not a valid reason for the prosecution to dismiss the case as the case of a minor girl has to be handled with utmost care. There is no hard and fast rule for timely registration of an FIR.

Based on the above findings, the court dismissed the appeal.

Counsel for the appellant(s): Mr. K.Ch. Gautam, Adv., and Ms. GC Marboh, Adv.

Counsel for Defendant(s) Mr ND Chullai, AAG with Ms R Colney, GA

Case Details: Shri Mihkahtngen Sarubai v. State of Meghalaya and Anr.

Quote: 2024 LiveLaw (Megh) 22

Click here to read/download the judgment