SHILLONG: The mother of a minor girl, who had been raped in 2011 in West Jaintia Hills, has appealed to the Law department to file an appeal before the High Court challenging the judgment passed by a fast track court acquitting the accused – Small Phawa – who had allegedly committed the crime.
In his order passed on March 4, ad hoc judge of the fast track court, O.P. Lytand, had acquitted the accused stating that the prosecution had failed to establish/ prove the case.
“I feel that justice has not been delivered to my minor daughter and such casual discussion of the evidences and such pronouncement of the judgment in favour of the accused is an insult to women as a whole. This will encourage the rapists and incidences of rape in the future,” said R. Dhar, the mother of the minor girl, in an appeal submitted to Law Secretary L.M. Sangma on Monday.
“In the said judgment, the judge has agreed and opined that there was sexual intercourse but not rape, thereby agreeing with the medical report,” she stated in the appeal, while mentioning that the judge had failed to appreciate the fact that the age of her daughter when the act was committed was below 16 years.
“The provision of law clearly stated that a minor below 16 years of age cannot give consent,” the mother said.
Dhar also expressed surprise that there was a local inspection by the judge three years after the crime had been committed.
“If the judge had to base his judgment on the basis of such inspection then the complainant and the victims have to be present. The judgment could then have been fair and conclusive giving justice to my daughter,” she said.
It is alleged that on Nov 30, 2011, the accused (Small Phawa) had raped a 14-year-old school girl 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.
According to the FIR lodged by the family of the victim, the girl had been raped by Phawa while she had gone to accompany her young brother to the toilet.
