SHILLONG: The appeal against the acquittal of Small Phawa who allegedly raped a minor girl in Jowai came up for the hearing in the High Court of Meghalaya on Friday
“The paper book prepared in this appeal by the appellant does not appear to have been compared by the office. The office shall compare the paper book with the original record and shall ensure that copies of all the relevant parts of the original record, particularly the evidence, are properly placed on record,” the court order said.
The matter has been listed for hearing on April 7.
Earlier on November 30 in 2011, the accused Phawa allegedly raped the school girl who was staying as his tenant along with her family at Riatsiatsim locality in Jowai.
In the order dated February 26, last 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.
However, in the letter addressed to the Member Secretary, Meghalaya State Legal Service Authority last year, the mother of the victim Rita Dhar said that since she is poor, she was unable to appeal against the order of the fast track court in the High Court.
The mother had maintained that her daughter was still a minor when she was raped by the accused.
However in the year 2012 during a press conference, Phawa had claimed that there was no rape since the act was consensual which was contradicted by the mother who later reiterated that since the victim was a minor, the question of consent does not arise as sexual intercourse with minor was considered was rape.
