ACHUNG GANGMEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner, who is the complainant in Special Trial No.6 of 2015 pending on the file of the Learned Special Judge, Imphal West, has filed the present petition under Section 482 of Cr.P.C. praying to direct the Special Judge to expedite and conclude the trial and to further direct the respondents to pay Rs.5 lakhs as interim compensation to the victim viz., Apuine, considering the NALSA's Scheme for Women Victim/Survivors of Sexual Assault/Other Crimes, 2018.

(2.) The case of the prosecution is that the petitioner's grand daughter viz., Apuine, who was aged 14 years at the time of occurrence, after enjoying mid-night service at RNBA Centre Church at Tarung, was kidnapped and gang raped on the fateful day of 01.01.2014 at 1.00 a.m. (night hours) by the accused viz., Awungshi Ninglumshang @ Ashang Shimray along with Aboy Shimray in a Maruti Alto Car bearing registration No.5/171. According to the prosecution, the accused took the victim at Nagaram and on reaching Nagaram, accused Aboy Shimray raped her in the Alto Car, while accused Ashang Shimray locked the car and stood outside watching for other people. Later victim was taken to the residence of accused Ashang Shimray at Dewlahland leaving Aboy Shimray at Nagaram and there she was taken inside the room of Ashang Shimray and raped. Based on the complaint given by the petitioner dated 2.01.2014, a case in F.I.R. No.3(1) 2014 was registered by Lamphel Police Station under Sections 366A, 367, 376(2)(g) IPC and Section 4 of the POCSO Act. After completing the investigation, the Investigating Officer has filed the charge sheet under Section 366A, 367, 376(2)(g) IPC and Section 4 of the POCSO Act against the accused. The Special Court took cognizance of the offence in Special Trial No.6 of 2015 and the same is pending disposal.

(3.) The petitioner has come up with the present petition by invoking the jurisdiction under Section 482 of Cr.P.C. seeking direction to expedite the trial of Special Trial No.6 of 2015 stating that the proceedings of the trial is very slow and that the matter is being adjourned frequently on the request of either the State Prosecutor or the counsel for the accused. According to the petitioner, during the pendency of the trial, under the influence of political power and money, the accused Awungshi Ninglumshang @ Ashang Shimray was allowed to participate in the selection/recruitment to Manipur Police and he was selected. According to the petitioner, accused Ashang Shimray is serving as Assistant Sub Inspector under the Manipur Police Department.