Shri Shalenbor Wahlang vs State Of Meghalaya Represented By The … on 12 March, 2026

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    (per the Hon’ble, the Chief Justice)

    The aforesaid petition is placed before us pursuant to the

    SPONSORED

    reference made by the learned Single Judge (Hon’ble B.

    Bhattacharjee, J) vide order dated 12th June, 2024, in view of his

    disagreement with the judgment and order dated 23rd March,

    2022 passed by the coordinate Bench (Hon’ble W. Diengdoh, J)

    in Crl Petn No. 63 of 2021.

    2. Although, the learned Single Judge has not framed the

    issue for reference, having perused the said order dated 12th

    June, 2024, the following issue is framed:

    Whether a case under the POCSO Act, 2012, which is a

    Special Act, protecting children from sexual exploitation and

    sexual abuse, and considered as heinous crime, can be quashed

    with the consent of the accused and the victim, under Section

    528 of BNSS, having regard to the fact, that the POCSO Act has

    an overriding effect on any other law and there being no specific

    exclusion, can any personal law or custom prevail over or

    override the provisions of the POCSO Act?



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