Acquittal of rape accused
SHILLONG: Concerned over the acquittal of the rape accused, Small Phawa by the fast track court, Jowai, the mother of the minor victim has sought the intervention of Meghalaya State Legal Service Authority to appeal against the order before the High Court of Meghalaya.
It was on November 30, 2011, that the accused Phawa allegedly raped the school girl staying as his tenant along with her family at Riatsiatsim locality in Jowai.
However, in his order dated February 26 this year, the ad hoc judge of the fast track court, Jowai, OP Lytan, said that he was convinced that the prosecution had failed to establish or prove the case beyond reasonable doubt which entitled the accused to acquittal.
In a letter addressed to the Member Secretary, Meghalaya State Legal Service Authority a few days ago, the mother of the victim Rita Dhar said that since she is poor, she is unable to appeal against the order of the fast track court in the High Court.
The mother of the victim reiterated that her daughter was still a minor when she was raped by the accused.
“My minor daughter was raped by Small Phawa on November 30, 2011. Later an FIR was registered and charge-sheet was also filed, but after trial, the accused was acquitted,” the mother said, adding that the girl was under-16 when the incident occurred and the same was also “acknowledged by the Judge”.
Earlier in 2012 Phawa, during a news conference had claimed that there was no rape since the act was consensual.
However the mother argued that since the victim was a minor, the question of consent does not arise as sexual intercourse with minor amounts to rape.
The mother alleged that the Judge failed to appreciate the fact that a minor cannot give consent to sex.
“Intercourse with a minor, whether it is with or without consent, amounts to rape,” she said in the letter.
Alleging that there are many loopholes in the case the mother of the victim wanted the Meghalaya State Legal Service Authority to intervene and appeal against the order of the Judge of the fast track court.
“I had written to the Law Secretary on March 9 this year, but in vain, as there was no reply from him,” the mother said, stressing the need on the part of the Legal Service Authority to appoint a legal aid counsel to fight her case.