SHILLONG: The High Court of Meghalaya has upheld the conviction of 10 years’ imprisonment by the lower court to the rape accused, Small Phawa, from Riatsasim Jowai, West Jaintia Hills.
The accused had raped a 14-year-old girl on November 30, 2011, and later, the mother of the victim had lodged a complaint with Jowai police.
Later, a fast track court in 2015 acquitted the accused.
However, the matter was again referred to the trial court by the High Court following an appeal by the mother and subsequently, 10 years’ imprisonment was awarded to the accused.
The accused challenged the conviction order by saying the victim was not a minor and filed an appeal before the High Court.
The division bench comprising Chief Justice Mohammad Yaqoob Mir and Justice HS Thangkhiew in the order on Tuesday said the victim has been fully proved to be a minor.
It was also proved that the accused had taken her inside his car and then sexually assaulted her, the court said.
Earlier, after the fast track court acquitted the accused, the mother had sought intervention of the Member Secretary, Meghalaya State Legal Service Authority, who helped her by filing the case in the court.
The accused had in 2012 made a claim before the media in Shillong that there was no rape since the act was consensual. However, the family maintained that there was no consensus since the victim was minor.
The trial court had also awarded a compensation of Rs 1 lakh to the victim. The only modification in the order of the trial court was that the accused would have to undergo additional one month imprisonment if he defaults in the payment of fine of Rs 5,000.
Earlier, the trial court had ordered one year more imprisonment if the accused failed to pay the fine.
