Appellant convicted under Section 9(n) read with Section 10 of POCSO Act for sexual assault without penetration; Court affirms sentence of 5 years rigorous imprisonment and fine
In a significant judgment delivered on September 1, 2026, the Meghalaya High Court, presided over by Chief Justice Revati Mohite Dere, dismissed the appeal of Rockyroy Lyngkhoi, upholding his conviction for sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court confirmed the sentence of rigorous imprisonment for five years along with a fine of ₹20,000, imposed by the Special Judge (POCSO), West Khasi Hills District, Nongstoin.
The case pertains to an incident dated September 23, 2019, involving the appellant, who is the uncle of the 15-year-old survivor. The survivor had been residing with her mother's cousin sister and the appellant in Myriaw village while pursuing her education. The survivor alleged that the appellant sexually assaulted her by fondling her breasts and laying on top of her without penetration, acts that constitute sexual assault under Section 9(n) of the POCSO Act.
The court noted that although the survivor initially described penetrative sexual assault, she later clarified in cross-examination that the appellant did not penetrate but laid on top of her. The medical examination corroborated the absence of physical injuries or signs of penetration, further supporting the conviction for a lesser offence under Section 9(n) read with Section 10 of the POCSO Act.
The prosecution's case was supported by testimonies from the survivor, her mother, and elder sister, who corroborated the disclosure of the assault. The appellant's defence, which contested the reliability of the witnesses and highlighted the lack of medical evidence of penetration, was rejected. The court emphasized that sexual assault as defined under Section 7 of the POCSO Act includes any physical contact with sexual intent without penetration, which was sufficiently proved in this case.
Additionally, the court exercised its powers under Section 357A(2) of the Criminal Procedure Code and Rule 9(2) of the POCSO Rules, 2020, recommending compensation of ₹1 lakh to be paid to the child-survivor by the Meghalaya State Legal Services Authority. The court directed the District Legal Services Authority to report on the disbursement of the compensation within six weeks.
This judgment reinforces the judiciary's commitment to protecting children from sexual offences and ensuring both punitive and rehabilitative relief to victims under the POCSO framework.
Bottom Line:
POCSO Act - Conviction under Section 9(n) read with Section 10 of the POCSO Act upheld where evidence establishes sexual assault without penetration - Compensation of ₹ 1 lakh recommended for the child-survivor under Section 357A(2) of Cr.P.C. and Rule 9(2) of POCSO Rules, 2020.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 5(n), 6, 7, 9(n), 10; Criminal Procedure Code, 1973 Section 357A(2); Protection of Children from Sexual Offences Rules, 2020 Rules 9(2), 9(5)
Rockyroy Lyngkhoi v. State of Meghalaya, (Meghalaya) : Law Finder Doc Id # 2971436
