BRITILA NONGSPUNG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. R. Kharsyad, learned counsel appearing for the petitioner. Mr. S. Sengupta, learned Addl. P.P, appears for respondents No. 1 and 2 respectively. However, the survivor who was arrayed as respondent No. 3 for which she had received notice has failed to make any representation before this Court.

(2.) According to the learned counsel for the petitioner, the husband of the petitioner herein, Shri. Esan Warjri was arrested on 23/5/2023 in connection with Madanriting P.S. Case No. 50(05) 2023 under Ss. 376/506 IPC. In course of investigation, the Investigating Officer has filed the charge sheet indicating his findings that there is a well-founded prima facie case against the accused person for which he is to stand trial before the competent court of jurisdiction.

(3.) Accordingly, the Court of Session, East Khasi Hills District has taken cognizance of the matter and Session Case No. 27(T)/2023 was registered, with the husband of the petitioner as the accused therein. In due course, charges were framed against the accused person under Ss. 376/506 IPC. The case before the trial court is at the stage of recording of evidence of the prosecution witness. Till date, only one witness has been examined as PW1 that is, the survivor. However, after a number of dates being fixed for the case, the prosecution has failed to examine any further witnesses. This, according to the learned counsel, has prejudiced the cause of the accused person vis-a-vis his incarceration in custody.