SHILLONG: In a setback to an accused who posed as a juvenile to escape punishment for the rape of a minor girl the High Court of Meghalaya has held that there is not enough evidence to declare the accused as juvenile and set aside the earlier order of the POCSO court.
The matter relates to one Raymidi Kharsahnoh, who was 21 years old when he allegedly raped a 14-year-old girl in 2013, according to the petitioner, who is the mother of the victim.
After the accused was shown as a minor, his case was charge-sheeted by the POCSO court and transferred to the Juvenile Justice Board.
However, the mother of the rape victim had alleged that the accused had changed his date of birth to claim that he was a minor to escape punishment.
As per the allegation, the accused misled the trial court by providing a false date of birth, 3/6/1997 instead of 3/6/1992, to gain favour from the court in the trial of the case.
Later, the mother of the victim challenged the order of the POCSO court in the High Court of Meghalaya.
After hearing M.F. Qureshi, counsel for the petitioner and NM Mansuri, counsel for the respondent, the Single Bench of the High Court headed by Justice S R Sen in its order on September 1 directed the POCSO court to examine yet again the records related to the birth certificate of the accused along with the birth register.
Justice Sen further directed that the same should be clarified from a doctor or the person maintaining the record.
The High Court wanted further examination of the school admission register where the accused was initially admitted and also to take into consideration the driving license produced by the accused and other relevant documents to come to a logical conclusion.
