Shillong, Meghalaya: In a recent
order, the Meghalaya High Court
denied bail to Thosterning
Lyngdoh Nonglait, accused of
sexually assaulting a minor girl.
The case highlights the
seriousness of POCSO Act
violations and the court's
consideration of both the nature of
the offense and the rights of the
accused.
Case Details:
Accused: Thosterning Lyngdoh
Nonglait
Victim: Minor girl (name not
disclosed to protect identity)
FIR: Registered on March 12,
2023, under Section 5(g)/6 of the
POCSO Act (Diengpasoh P.S.Case
No. 01(03) 2023)
Chargesheet: Filed in June 2023
(Special (POCSO) Case No. 24 of 2023)
The minor girl's mother, Ms. Klisda
Mukhim, filed an FIR accusing
Nonglait, along with two others, of
sexually assaulting her daughter
Nonglait's lawyer argued for bail,
citing his year-long detention and
the slow progress of the trial
which hasn't even reached the
charge-framing stage. He
emphasized Section 35 of the
POCSO Act, mandating a speedy
trial completion within a year
The State, represented by Mr. N.D.
Chullai, opposed bail. He
presented the survivor's statement
under Section 161 Cr.P.C., detailing
the assault by Nonglait and
another perpetrator. He argued
that granting bail would endanger
the victim's safety.
The High Court, presided over by
Hon'ble Mr. Justice W. Diengdoh
acknowledged the delay in the trial
but prioritized the seriousness of
the* Seriousness of the offense: The
POCSO Act protects children from
sexual assault, and the Court
prioritizes such cases
* Potential danger to the victim:
Releasing Nonglait might endanger
the victim's well-being
Court's Direction:
Recognizing the delay in the trial,
the Court directed the Special
Court to expedite the proceedings
* Charge framing: The Court
ordered the Trial Court to frame
charges against Nonglait
immediately. offense. The Court noted the
possibility of a gang rape and the
need for a proper trial to determine
guilt.
While not underestimating the
impact of prolonged detention, the
Court refused bail due to the
following reasons:
* Seriousness of the offense: The
POCSO Act protects children from
sexual assault, and the Court
prioritizes such cases
* Potential danger to the victim:
Releasing Nonglait might endanger
the victim's well-being
Court's Direction:
Recognizing the delay in the trial,
the Court directed the Special
Court to expedite the proceedings:
* Charge framing: The Court
ordered the Trial Court to frame
charges against Nonglait
immediately.
* Recording survivor's testimony:
The Court directed the Trial Court
to record the survivor's testimony
within three weeks
Next Steps:
Nonglait can reapply for bail after
the survivor's testimony is
recorded. The Trial Court is
expected to expedite the case as
per the High Court's directive.
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