Prosecution falters, fast track court acquits man accused of minor’s rape
SHILLONG: In protest against the judgment of the fast track court giving a clean chit to an accused who had allegedly raped a 14-year-old girl in West Jaintia Hills four years ago, the family of the victim is planning to submit a petition to the State government seeking its intervention against the court order.
On Nov 30, 2011, the accused Small Phawa had allegedly raped a school girl belonging to a family which had been living as his tenant for the past 20 years at Riatsiatsim locality in Jowai. The girl’s family had claimed that Phawa had dragged her inside a vehicle, put on loud music and committed the crime.
“We will submit a petition to the state government to seek its intervention against this order of the court to acquit the rape accused,” said the mother of the rape victim at a news conference on Friday.
In his order passed on March 4, ad hoc judge of the fast track court, O.P. Lytand, stated that he was convinced that the prosecution had failed to establish/ prove the case beyond reasonable doubt which entitled the accused to acquittal.
Expressing surprise over the judgment, CSWO president Agnes Kharshiing questioned the fast track court for acquitting the accused even though the medical report had indicated bruise and tear on the minor girl.
“The victim had also given a statement that she was raped,” Kharshiing, who has been closely following up the case, said.
Interestingly, in 2012, backed by some social organizations, Phawa was produced before media persons at the Shillong Press Club where he revealed that there was no rape since the act was ‘consensual’.
Phawa even claimed that they were in a relationship for the past six. “We were in love. I did not commit the crime and the FIR was lodged forcibly by her family,” he had claimed.
Referring to Phawa’s disclosure, Kharshiing said that the accused had confessed to the deed at an extra judicial confession before the media. “What more does the court want?” she questioned.
She also stated that it was the duty of the Law department to file an appeal in the High Court as the law stipulates that the minimum age of consent for sex is 16 years.
