EVEREST LYNGDOH NONGPIUR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS revision application is directed against the order dated 31. 3. 2009, passed by the learned Additional District and Sessions Judge, Fast Track Court, Shillong, in case No. FTC (S)7/2009, registered under Section 448/376/511 IPC. By the said order, the plea of the accused petitioner for transferring the case to the District Council Court has been rejected. In view of such rejection, the case shall now proceed in the Court of the learned Additional District and Sessions Judge (Fast Track Court ).

(2.) SHORTLY stated the facts involved are that on 24. 3. 2008, the accused petitioner was arrested by the police on the basis of the FIR lodged by the mother of the victim. As per the FIR the accused petitioner abused her daughter with filthy language and attempted to rape her in the afternoon of 23. 3. 2008 i. e. the date on which the FIR was lodged. The police carried out investigation etc. and thereafter charge sheet was submitted against the accused petitioner. In the meantime, the accused was released on bail by the learned Deputy Commissioner (East Khasi Hills District, Shillong), who also transferred the case to the Fast Track Court, Shillong for trial. The case was registered afresh as Fast Track Court Case (S) No. 7/2008.

(3.) THE accused on receipt of the summons duly appeared before the court and he vide his petition dated 25. 7. 2008, which was registered and numbered as Petition No. 61/2008, prayed for transfer of the case to the learned Judge, District Council Court at Shillong. The prayer so made was in view of the provisions of 6th Schedule of the Constitution of India. It was the contention of the accused petitioner that both the accused and the victim being tribals, the matter is exclusively triable by the District Council Court. In this connection, the petitioner also referred to the Division Bench Judgment of this Court reported in 2007 (4) GLT 938 : Longsan Khongngain Vs. State of Meghalaya.