The Court noted that the State had indicated several long-term and short-term plans earlier, however, nothing was implemented by the State till date.
Meghalaya High Court observed that threatening of the victim girl by the accused is not a sign of a love relationship between two young persons, as submitted by the accused as his defence.
The Court said that no proper show cause notice was served to the petitioner, violating the principle of audi alteram partem, thus, the dismissal from service was not in fair play.
The Meghalaya High Court said that society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.
Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.
The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.
“In a case of rape or sexual assault, the act not only affects the physical well-being of the victim but would also leave a very deep emotional scar which would require prolonged counselling for the experience and the image to be erased from the mind of the victim. Such an act would have a more profound effect on a child.”
“…that greater weightage is desirable to be given to the objective part of the assessment since the Indian psyche is such that the subjective part of the assessment, more often than not, is tainted, influenced or guided by nepotism or the usual uncle culture or even more disagreeable extraneous considerations.”
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