'No Evidence To Link Accused With Sexual Assault': Meghalaya HC Grants Bail To BJP Leader Bernard Marak In 3-Yr-Old's Rape Case

The single bench of Justice W. Diengdoh observed,

"A case of sexual assault particularly involving a minor girl is very serious, however, even the medical report suggests that any sexual assault perpetrated against the child was not of recent origin. There is no direct evidence or even indirect evidence linking the accused person to the said sexual assault."

He shall be released on personal bond of ₹30,000 with two solvent sureties.

Marak was arrested earlier this year after a raid was conducted on his landed property in West Garo Hills District wherein, allegedly, immoral activities were being carried out resulting in a number of persons being found in compromising position indicating that the place was being used as a brothel.

Further, a number of arms and ammunitions were also alleged to be recovered from the premises and a child aged about three years was rescued, whose medical examination revealed that she was sexually abused.

The bail plea was moved by Marak's brother under Section 439 of CrPC for cases registered against him under Sections 5(l) (m) and 6 of the POCSO Act.

The petitioner, brother of Marak, argued that Marak had not visited his farmhouse where the alleged incident/rape took place and he was absolutely unaware of what was happening there in his absence. However, he was arrested in connection thereof, only on the ground that he was the owner of the said property without there being any material or evidence to show that he was involved in the alleged sexual assault of the minor.

The State, however, argued that a perusal of the case diary would show that Marak was very much involved in the case of sexual assault against the said minor.

While granting bail, the High Court noted that the only prayer of the Investigating Officer was that since the girl was rescued from Marak's farmhouse, his custodial interrogation was essential.

In this light the Court ordered:

"There is no impediment to the I/O to carry out the investigation even without the accused person in custody and any relevant evidence collected in course of investigation would be duly considered in course of the proceedings. Since the accused person was not apprehended along with the minor girl during the said raid, therefore, to say that he is likely to be the offender only because of the fact that he is the owner of the property is too farfetched."

Case Title: Shri Tingku N. Marak v. State of Meghalaya & 3 Others

Citation: BA No. 18 of 2022

Coram: Justice W. Diengdoh

Citation: 2022 LiveLaw (Meg) 47 

Click Here To Read/Download Order