Legal hurdles to retracting ‘rape’ FIR

SHILLONG, June 4: With the sensational charge of rape registered against North Tura MLA Thomas Sangma under Section 376(n) and 506 (criminal intimidation) of the IPC, and indications that the complainant was under pressure to withdraw the FIR, the situation is likely to get complicated for the legislator as an out of the court settlement is no longer viable, a leading legal practitioner said on Friday.
Speaking about the complainant, who is caught between pursuing the case and withdrawing the complaint, the lawyer is of the opinion that the FIR cannot be withdrawn at this stage.
When The Shillong Times spoke to the complainant on Friday, she reiterated that she was yet to take a call on the matter.
“The case cannot be quashed now as Section 376 has been imposed which is a non-compoundable section. The victim can neither withdraw the FIR nor can there be an outside settlement,” the lawyer said. The lawyer also asserted that rape is a crime against basic human rights and is considered as “a most heinous crime” done on women.
The lawyer drew reference to cases in the past where the accused has married the victim but even then the case was not quashed. There have been some rulings where Courts have reduced the quantum of the punishment for the accused.
Speaking on the quantum of sentence, the lawyer said that the accused, if proven guilty, shall be punished with rigorous imprisonment of either a term not less than seven years and extending to imprisonment for life besides being liable to pay fine.
So far, police have not taken the victim for medical examination.
While Sangma is yet to react to the allegations against him, the Meghalaya Government and the NPP have distanced themselves from the case, stating that law will take its own course in the case and police would be given a free hand to conduct the investigation.