SHILLONG: The High Court of Meghalaya on Thursday set aside the order of the fast track court which, in 2015, had acquitted the person accused of raping a minor girl in West Jaintia Hills, and ordered re-trial of the case.
The court also ordered that since the fast track court was no longer functional, retrial will be taken up by the Court of Sessions Judge, Jowai to be completed within four months.
The accused, Small Phawa, who was present in the court, was released on bail on payment of a bond amount of Rs 10,000.
It was on November 30, 2011, that the accused allegedly raped a school girl staying as his tenant along with her family at Riatsiatsim locality in Jowai.
However in the order dated February 26, 2015, the ad hoc judge of the fast track court, Jowai, O.P. Lytan, said he was convinced that the prosecution had failed to establish or prove the case beyond reasonable doubt which entitled the accused to acquittal.
Later, in a letter addressed to the Member Secretary, Meghalaya State Legal Service Authority last year, mother of the victim Rita Dhar said since she was poor she was unable to appeal against the order of the fast track court in the High Court.
Subsequently following the intervention of MSLSA, the appeal of the mother was taken up by the High Court.
In his order, Chief Justice Dinesh Maheshwari said the trial court will also re-examine the Investigating Officer and may put relevant question having a bearing on the present case with liberty of cross examination.
“The trial court shall be expected to deal with the matter expeditiously and to deliver the final judgment without much delay, preferably within four months of the first date of appearance of the parties,” the Chief Justice said.
The court also directed the accused to appear before the trial Court on May 27.
“He will furnish a personal bond in the sum of Rs 10,000 with one surety in the like amount to the satisfaction of the Registrar General of this Court for his appearance in the trial court on the given date,” the High Court said.
According to the High Court, after his appearance in the trial court, the accused will continue to remain on bail after furnishing such bond/surety as directed by the trial court.
