SMALL PHAWA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Appellant, vide judgment impugned dated 27.09.2016 has been convicted for having committed an offence punishable under Section 376 IPC. After hearing the prosecution and accused regarding quantum of sentence on the same date i.e. 27.09.2016 has been sentenced to 10 years rigorous imprisonment with fine of Rs.5000/- in default of payment of fine to undergo one year simple imprisonment. Furthermore, the District Legal Service Authority of West Jaintia Hills District has been directed to pay compensation of Rs.1 lakh to the victim under the Meghalaya Victim Compensation Scheme, 2014. Aggrieved whereof, instant appeal registered as Criminal Appeal No.5 of 2016 has been filed.

(2.) Heard Mr. SP Mahanta, learned senior counsel assisted by Ms. A Thungwa, learned counsel for the appellant and Mr. S Sen Gupta, learned Addl.PP.

(3.) The mother of the victim on 02.12.2011 lodged a written report in Jowai P.S., Jowai against the accused (appellant) alleging therein that on 30.11.2011 at 6:30 PM, her daughter 14 years of age studying in Class-III accompanied her brother who had to go to the toilet located outside the residential house. Grandparents of the victim were residing in a rented house owned by the accused, victim was also under their care. The victim used to call the accused Mama (Uncle). The accused on seeing the victim called her, while reaching near him he forcibly pulled her into the vehicle (A-Star maroon colour) and took her to one dense jungle opposite side of Iyngkein Longriang (Wahmyntdu). The accused locked the door of the vehicle, victim had cried and begged him to release but he did not listen to her. When she was crying, the accused increased the volume of tape recorder fitted in the car, so that people would not hear her cries. On reaching the thick jungle, he attempted to rape the victim who tried to defend herself, requested for release but was punched on her thigh so could not defend and the accused raped the victim against her will. After committing rape, he dropped her back and threatened her not to tell it to anyone. The victim was scared, shamed and embarrassed as to what happened to her. Grandparents noticing a change in her, on inquiry narrated as to what had happened to her. The family members after several time deliberations in view of the safety of the victim finally decided whatever the consequences, to report to the police so that the accused is punished. The report lodged was received by the police station at 8:30 PM vide GDE No.33 dated 02.12.2011 and registered Jowai PS Case No. 177(12) 2011 under Section 376 IPC. WPSI I.H. Nongrum was entrusted the investigation.