Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple (boyfriend and girlfriend).The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused and...

'Aggravated Penetrative Sexual Assault' Under POCSO Act Doesn't Require Deep Or Complete Penetration: Meghalaya High Court

The Meghalaya High Court has observed that for the purpose of the POCSO Act, 'Aggravated Penetrative sexual assault' does not require deep or complete penetration and even the slightest amount of penetration would constitute the offence.With this, the bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh confirmed the conviction of a man under Section 5(m) of the POCSO Act who...

Man Who Allegedly Raped, Impregnated Step-Daughter Acquitted | Meghalaya HC Reproves State For Failure To Challenge Order

The Meghalaya High Court recently reproved the state government for its failure to challenge the order and judgment of the trial court acquitting a man/accused who allegedly raped and impregnated his stepdaughter.The bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh also found fault with the state government's act of not conducting a DNA test to ascertain who may have been the...

Meghalaya High Court Grants Bail To Man Who Allegedly Posted On FB That CM Should Be Killed By A Militant Organisation

The Meghalaya High Court on Thursday granted bail to a man booked under UAPA for allegedly posting on Facebook that the Chief Minister of the State, Conrad Kongkal Sangma should be killed by Hynniewtrep National Liberation Council (HNLC).For the uninitiated, the HNLC is an insurgent group that operates in Meghalaya's Khasi and Jayantia hills region. It aims to develop Meghalaya as a...

Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court

The Meghalaya High Court has held that an order framing charges under stringent provisions of UAPA cannot be challenged in appeal under Section 21 of the National Investigation Agency Act.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that the scheme of the NIA Act envisages speedy process of trial and finality of action. Thus, the appeal provision in Section 21 of...

Interviews Mostly Guided By Nepotism In India: Meghalaya HC Bats For Transparent Selection Processes

The Meghalaya High Court has voiced its concern over 'favouritism' and 'nepotism' affecting government's recruitment drives. While referring to Articles 14, 15 and 16 of the Constitution that guarantee equality and non-discrimination, Chief Justice Sanjib Banerjee observed,"Just as religion, race, caste, sex, descent, place of birth, residence are to be kept out of the consideration,...

Failed To Retain Clerical Post In 1989, Cannot Claim Benefits Now: Meghalaya High Court To Assam Rifles Jawan

The High Court of Meghalaya recently ruled that merely because a personnel of Assam Rifles occupied a clerical post for a few months, would not make him entitled to the benefits which people on such positions in the central armed force gained on account of a judgement passed on August 23 in 2012.The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: "Merely...

Prohibiting Villagers From Using Public Road Violates Fundamental Rights: Meghalaya HC On Village Durbar Resolution

The High Court of Meghalaya recently observed that a resolution prohibiting two senior citizens from using a village road for transportation of their produce violated their fundamental rights and is manifestly illegal, discriminatory and at the same time punitive in nature.The resolution was passed against the two men by Marwir Village Dorbar after they refused to give No Objection...

[27 Yrs Delay] Law Assists Those Who Are Vigilant With Their Rights & Not Those Who Sleep Thereupon: Meghalaya High Court

The Meghalaya High Court has reiterated that law assists only those who are vigilant with their rights and not those, who sleep thereupon.The observation came from Justice W. Diengdoh:"The maxim "Vigilantibus Non Dormientibus Jura Subveniunt" which means that the law assists those who are vigilant with their rights and not those that sleep thereupon is very much applicable to the case of...

Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court

The Meghalaya High Court recently observed that Article 137 of the Limitation Act applies to applications made under Section 383 of the Indian Succession Act which for revocation of a succession certificate.Justice H. S. Thangkhiew observed: "Article 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation...

"Judge Ill-Equipped To Administer Justice": Meghalaya HC Slams District Council Court For Trying 'Mentally Unfit' Man For Triple Murder

The Meghalaya High Court recently expressed its displeasure over incompetency of District Council Court which have been authorised by the Governor to take up heinous offences involving tribals and attracting harsh punishment.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh remarked that the State would do well to consider the quality and ability of Judges manning District...

"To Cut Short Relationship At This Juncture Would Not Serve Course Of Justice": Meghalaya HC Quashes POCSO Charges Against Husband

The Meghalaya High Court has quashed charges under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') against a husband for having 'consensual' sexual relationship with his minor wife. A Single Bench of Justice W. Diengdoh observed, "Notwithstanding the fact that a proper criminal proceeding cannot be cut short without very strong and compelling circumstances...