Shillong, September 16: The Meghalaya High Court on Wednesday upheld the conviction and three-year jail sentence of Lam Shylla under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, while reducing the fine imposed on him from ₹5,000 to ₹1,000.
The judgment was delivered by Chief Justice Revati Mohite Dere in Criminal Appeal No. 61 of 2024. Shylla had challenged a December 7, 2023 judgment of the Special Judge (POCSO), East Khasi Hills District, Shillong, which convicted him under Section 8 of the POCSO Act and sentenced him to three years’ rigorous imprisonment.
The case arose from an FIR lodged at Madanrting Police Station on June 23, 2015 by the mother of a 12-year-old girl, alleging that Shylla had sexually molested her daughter on June 20, 2015. Police subsequently investigated the case and filed a chargesheet.
During the appeal, Shylla’s counsel argued that the survivor’s testimony was not corroborated by other witnesses, that much of the prosecution evidence was hearsay and that the three-day gap in lodging the FIR cast doubt on the allegations.
The State, however, maintained that the prosecution had proved its case beyond reasonable doubt and that the testimony of the survivor was credible and sufficient to sustain the conviction.
After examining the evidence, the High Court held that the prosecution had proved its case beyond reasonable doubt.
The court noted that the survivor had testified that Shylla came to her house while she was alone, questioned her about the whereabouts of her parents and later inappropriately touched her after calling her to the sitting room. She also alleged that he told her not to disclose the incident to anyone.
The court further observed that there was no cross-examination on a crucial portion of the survivor’s testimony regarding the inappropriate touching.
It also noted that the appellant’s presence at the house at the relevant time had emerged during cross-examination.
The High Court held that the survivor’s testimony was credible and trustworthy and was also corroborated by her younger brother and mother.
Her brother testified that he had seen Shylla inside the house and later saw him sitting close to his sister with his hand around her shoulder. According to his evidence, Shylla removed his hand and left when he saw the boy entering the room. The survivor later began crying and narrated the incident to her mother.
The court also rejected the defence contention regarding delay in filing the FIR. It noted that the incident had first been reported to the Rangbah Shnong, following which the family was advised to approach the police. The incident occurred on June 20 and the FIR was lodged on June 23, which the court held did not amount to delay in the circumstances.
The High Court said no interference was warranted with the conviction or the three-year sentence, noting that three years is the minimum punishment prescribed under Section 8 of the POCSO Act.
However, it reduced the fine from ₹5,000 to ₹1,000 and directed that, in default of payment, Shylla would undergo seven days’ imprisonment.
Accordingly, the court partly allowed the appeal only to the extent of reducing the fine and default sentence, while confirming the conviction and three-year imprisonment.
The court also said Shylla would be entitled to the benefit of the Remission Policy, 2026, if applicable to him.
