SHILLONG, June 3: As police have begun investigation into the case of alleged rape of a woman by North Tura MLA, Thomas Sangma, in a curious development the complainant appears to be in two minds on compromising the matter out of court.
East Khasi Hills SP, Sylvester Nongtnger said on Thursday that after registering a rape case under section 376(n) and 506 (criminal intimidation) IPC, police have already recorded the statement of the woman but her medical examination has been delayed as she is unwell.
Meanwhile, the complainant appears to be under pressure to withdraw the case. An embarrassed NPP leadership, aware of the legal implications and possible political fallout of the incident, wants the matter to be settled amicably before long, sources said.
When contacted, the victim told The Shillong Times that she is yet to take a final call on whether to pursue the case to its logical end or withdraw the FIR. It may be recalled that she had on another occasion filed similar FIR which she withdrew subsequently.
Legal implications
Criminal law practitioners are of the opinion that once the FIR has been registered it is legally untenable to withdraw the complaint or engineer an out of court settlement.
When contacted, a senior lawyer from Shillong said that under the Indian criminal law, there is a provision for anticipatory bail and this provision allows a person to seek bail from the High Court or the Sessions Courts in anticipation of an impending arrest on accusation of having committed a non-bailable offence.
The lawyer, however, said that grant of anticipatory bail is a matter of judicial discretion as the Court will examine the seriousness and gravity of the offence like nature of the crime, materials placed on record and whether there is any possibility of the accused fleeing from justice.
CM’s reaction
In his first formal reaction, Chief Minister Conrad Sangma on Thursday distanced his party from the incident saying that law will take its own course in the case and police would be given a free hand to conduct the investigation.
The chief minister, however, said that the government would not respond to the case as it is the personal matter of the individual concerned. “We will ensure that proper investigation takes place and the truth comes out. No influence or pressure from anywhere will affect the investigation process,” the chief minister asserted.
When asked if the MLA would be removed from the membership of the House Committees and the post of Chief Adviser to the Chief Minister, Sangma said it would be unfair to jump into any conclusion at this stage. He hastened to add: “We will be fair to both the parties and will take necessary action only after a thorough investigation,” he added.
Thomas Sangma, a former Rajya Sabha member and presently the chief adviser of the chief minister, is yet to respond to the allegations. All attempts to contact him on his mobile since Wednesday proved futile.