By Our Reporter
SHILLONG, May 20: The Division Bench of the High Court of Meghalaya on Wednesday dismissed two separate appeals, upholding the convictions and sentences of two men in POCSO cases after ruling that the prosecution had proved its charges beyond reasonable doubt.
In the first case, the bench comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh upheld the December 4, 2023, judgment of the Special Judge (POCSO), East Khasi Hills, against Dresster Kurbah.
Kurbah was convicted under Section 6 of the POCSO Act and sentenced to 20 years of rigorous imprisonment with a fine of Rs 10,000. He was also sentenced to three years of simple imprisonment under Section 8 of the Act, with both sentences running concurrently.
The case followed an FIR filed at Mawlai Police Station in November 2021, alleging that Kurbah had sexually assaulted a 15-year-old girl in June 2021. The survivor subsequently gave birth to a child in August 2022. While the appellant claimed the relationship was consensual, the court rejected the argument, noting the survivor was a minor.
The court directed the District Legal Services Authority (DLSA) and the District Child Protection Officer (DCPO), East Khasi Hills, to ensure that the survivor and her child receive all eligible benefits and compensation under the POCSO Act, including assistance for education or vocational training. A compliance report is due within eight weeks.
In a separate judgment, the same bench upheld the 15-year rigorous imprisonment awarded to Shanborlang Thabah for repeatedly abusing his minor daughter. The court dismissed Thabah’s appeal against the August 3, 2023, order passed by the Special Judge (POCSO), West Khasi Hills.
The trial court had also imposed a fine of Rs 50,000 on Thabah. The abuse came to light after the survivor, aged between 14 and 15 at the time, disclosed the incidents to her cousin, leading to an FIR at Mairang Police Station.
The High Court rejected the defence’s claim of discrepancies in the survivor’s testimony, stating her evidence inspired confidence and noting there was no reason for her to falsely implicate her father. The bench observed that Thabah had violated the trust reposed in him as a parent.
The court further directed the Secretary of the DLSA, West Khasi Hills, to submit a report within six weeks on whether the Rs 2 lakh compensation recommended by the trial court has been disbursed. The matter has been listed for July 1 to monitor compliance.
