The Meghalaya High Court has dismissed an appeal filed by a man convicted under Sections 5(m) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, for sexually assaulting his 10-year-old stepdaughter, holding that the survivor's credible and unchallenged testimony, corroborated by medical evidence and the appellant's judicial confession, was sufficient to sustain his conviction.

A Division Bench comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh remarked that : “The appellant has completely breached the relationship of trust between him and his stepdaughter, and had taken undue advantage of his stepdaughter by sexually assaulting her when his wife was not at home. Having regard to the aforesaid, no interference is warranted in the impugned judgment and order of conviction and sentence and as such, the appeal is dismissed.”

The prosecution alleged that the appellant, Millingstone Khardewsaw, had sexually assaulted his 10-year-old stepdaughter at their residence on September 4, 2016, when her mother was away. The survivor's mother found her unconscious with her hands tied behind her back and subsequently learnt about the assault from her. Following an FIR registered on September 6, 2016, the appellant was arrested and the survivor was medically examined.

The Special Judge (POCSO), South West Khasi Hills, convicted the appellant under Sections 5(m) and 5(n) read with Section 6 of the POCSO Act, 2012, and sentenced him to 24 years of rigorous imprisonment. Challenging the conviction and sentence, the appellant approached the Meghalaya High Court.

The Meghalaya High Court observed that the survivor's testimony was reliable, trustworthy and credible, noting that her account of the sexual assault had not been challenged during cross-examination.

The Court held that her testimony alone was sufficient to sustain the conviction and was further corroborated by her mother's deposition and medical evidence, which revealed inflammation of the labia and a hymenal tear.

The Bench also relied on the appellant's confession recorded under Section 164 CrPC, wherein he admitted to sexually assaulting his stepdaughter.

Finding no infirmity in the trial court's judgment, the High Court dismissed the appeal and upheld the 24-year rigorous imprisonment sentence. It also directed the District Legal Services Authority to submit a report on the disbursement of ₹3 lakh compensation to the survivor.

Date of Decision: 29.10.2026