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Ex-MLA sentenced to 25 yrs in POCSO case

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SHILLONG, Aug 24: The Court of the Special Judge (Protection of Children from Sexual Offences – POCSO), Nongpoh, Febroneous Silkam Sangma on Tuesday sentenced former chairman of the banned Hynniewtrep National Liberation Council (HNLC) and former Mawhati MLA, Julius Dorphang to 25 years in jail along with a fine of Rs 15 lakh. Dorphang has been sentenced under the POCSO Act for committing rape on a minor in December 15, 2016.
Confirming this, Dorphang’s attorney, Kishore Ch Gautam said that the court pronounced the conviction on Tuesday.
The court had pronounced Dorphang guilty on August 13 and had reserved the quantum of punishment against the former HNLC chairman.
The court also sentenced Mamoni Parveen, Darisha Mary Kharbamon and Sandeep Biswa to life imprisonment in the same case besides imposing a fine of Rs one lakh each.
Mamoni and Darisha were accused of procuring and inducing the minor girl for illicit intercourse with another person, inducement for prostitution and abetment for any offence under POCSO.
Mamoni and her husband, Biswa were charge-sheeted under Section 17 of the POCSO Act.
Gautam said there is scope of filing an appeal against this conviction, adding that he is likely to file an appeal before the High Court next week.
“I will also be filing a miscellaneous application to suspend the sentence so that he (Dorphang) can come out on bail. We are all aware that he is unwell,” Gautam said.
Stating that even if he files a criminal appeal, there is a need to pray for the suspension of the sentence since the appeal will take a very long time, the defence lawyer said.
The former Mawhati MLA was sentenced in relation to the FIR filed at Ri-Bhoi on January 5, 2017 adding that there was another FIR filed in Shillong in December, 2016 in connection with the same case whose trial is still on before the Special Judge (POCSO) at Jowai. “Both the cases should be clubbed together. You cannot have two separate trials for the same case,” Gautam added.
The former legislator was arrested on August 13 and was shifted to Nongpoh district jail after his conviction. Dorphang was earlier granted bail on medical grounds by the High Court in November last year.
It may be recalled that the chairperson of the State Commission for Protection of Child Rights (SCPCR) chairperson had registered a complaint with the Superintendent of Police, East Khasi Hills on December 23, 2016, alleging that Dorphang had illicit sexual intercourse with a minor girl which is a violation of the child’s right to life and dignity.
The complaint was received as an FIR and a case under Section 366 (A) IPC read with Section 3(a)/4/5 of the POCSO Act and Section 5 of the Immoral Traffic (Prevention) Act, 1956 was registered.
Another FIR was filed by the SCPCR chairperson on January 5, 2017 in Ri-Bhoi alleging that Dorphang had committed a similar offence against the same minor somewhere within the district following which a second criminal case was registered at Umiam police station.
On registration of both the cases, Dorphang went into hiding until he was arrested on January 7, 2017 from Hatigaon in Guwahati.

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