By Kawanpreet Kaur 

The Meghalaya High Court affirmed the conviction of a boy who committed aggravated penetrative sexual assault on his girlfriend by temporarily intoxicating her. It was alleged that the accused and the victim were in a romantic relationship. However, after the refusal of the minor to build a sexual relationship with him, the accused committed aggravated penetrative sexual assault on the girl by administering a sedate drug in the tea. The Court upheld the conviction of the accused and rejected the accused’s plea to reduce the punishment as the sexual relationship was built on a love affair with the victim’s consent. The Court observed that though there was a love affair between the accused and the victim, the accused committed the offence of aggravated sexual assault on the victim, which is highly condemnable, amounting to betrayal of the girl. The Court also refused to take into account the argument of delay in registration of FIR against the accused and placed reliance on the the case of State of Himachal Pradesh v. Prem Singh (AIR 2009 SC 1010) in which the court held that lodging of FIR would not be a valid ground to throw the prosecution’s case as the case relating to a minor girl must be handled with utmost care. (Shri Mihkahtngen Sarubai v. State of Meghalaya & Anr.- Crl.A.No. 31/2023 with Crl.M.C.No. 94/2023) 

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