Court hears Small Phawa case

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SHILLONG: The case of appeal related to the alleged rape of a minor by one Small Phawa who was never arrested, came up for hearing in High Court of Meghalaya on Thursday.
The mother of the victim had appealed before the High Court against the earlier verdict of a lower court acquitting Phawa.
The mother and the victim were present during the hearing on Thursday.
However, the Court has fixed the case for argument on April 12.
It was on November 30, 2011 that the accused Phawa allegedly raped the  school girl who was staying as his tenant along with her family at Riatsiatsim locality in Jowai.
However, 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.
Later, the mother of the victim sought the intervention of the Member Secretary, Meghalaya State Legal Service Authority to pursue the case with the High Court as she was poor.
Earlier in  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  reiterated that since the victim was a minor, the question of consent does not arise.

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