Meghalaya High Court Upholds Rape Convictions, Dismissing Claims of Consensual Minors

Photo Courtesy: India Today Group

Shillong: The Meghalaya High Court has dismissed two separate appeals from men convicted of raping minors, reaffirming that under the Protection of Children from Sexual Offences Act, any claim of consent by a minor is legally void. In the first case, the court upheld a 20-year prison sentence for Rishan Marwein, who was convicted of assaulting his 16-year-old sister-in-law in 2020. The court condemned Marwein for abusing his position of trust as a family member after orchestrating a lunch outing to commit the crimes. Evidence showed he used emotional manipulation and threats of self-harm to maintain control over the victim, whose testimony was supported by her own sister, the accused's wife.

In the second ruling, the bench of Chief Justice Revati Mohite Dere and Justice W. Diengdoh upheld the conviction of Banteilang Sohshang for the sexual assault of a relative between March and July 2016. That case originated from unique circumstances where the accused confessed to his actions following a series of lightning strikes, which, according to local Khasi custom, indicated that a member of the household had committed incest. While the defense argued both cases involved consensual relationships, the court maintained that the age of the survivors rendered such claims immaterial. In the latter case, the court further ordered the District Legal Services Authority to ensure the payment of Rs 50,000 in victim compensation, setting a compliance deadline for June 2026.

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