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Reading: Meghalaya High Court Upholds 20-Year Sentence In Aggravated Sexual Assault Case
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ApniLaw > Blog > News > Meghalaya High Court Upholds 20-Year Sentence In Aggravated Sexual Assault Case
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Meghalaya High Court Upholds 20-Year Sentence In Aggravated Sexual Assault Case

Amna Kabeer
Last updated: December 16, 2024 2:07 am
Amna Kabeer
12 months ago
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Meghalaya High Court
Meghalaya High Court
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Shillong, July 22: The Meghalaya High Court has affirmed the 20-year prison sentence of a young man convicted of committing aggravated penetrative sexual assault on his minor girlfriend after intoxicating her. The decision comes despite the accused’s plea for a reduced sentence, citing their romantic relationship and the girl’s supposed consent.

The case involved the accused administering a sedative drug in the victim’s tea after she repeatedly refused to engage in a sexual relationship. Subsequently, he assaulted her while she was semi-conscious.

The accused argued that his sentence under Section 376(2) of the Indian Penal Code should be reduced from 20 years to 10 years, claiming that their sexual relationship was consensual and based on love. However, the bench comprising Chief Justice S. Vaidyanathan and Justice W. Diengdoh found that the medical evidence corroborated the victim’s testimony and upheld the original sentence.

The Court stated:

“Though there was a love affair between the accused and the victim girl, owing to the victim girl’s repeated refusal to have sexual intercourse, the accused had mixed some intoxicating element in the tea and made her asleep with part consciousness and thereafter, he had committed the offence of aggravated sexual assault on the victim girl, which is highly condemnable, amounting to betrayal of the girl.”

The bench also dismissed the accused’s argument regarding the delay in registering the First Information Report (FIR). Citing the Supreme Court’s decision in State of Himachal Pradesh v. Prem Singh (AIR 2009 SC 1010), Chief Justice Vaidyanathan noted that delays in lodging FIRs should not invalidate the prosecution’s case, especially in matters involving minor victims, which require sensitive handling.

Consequently, the Court dismissed the appeal, maintaining the 20-year sentence for the accused.

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