HC discharges accused in assault case on Kharshiing

SHILLONG, Aug 30: The High Court of Meghalaya has granted relief to one Poimi Sana, one of the accused in the case of assault against Civil Society Women’s Organisation (CSWO) leader Agnes Kharshiing, which occurred in East Jaintia Hills in November 2018.
An FIR was filed on November 8, 2018, by Sub-Inspector A. Iawphniaw at Khliehriat Police Station, alleging robbery and attempted murder against Kharshiing at Tuber Sohshrieh.
The FIR then led to the registration of a case under Sections 307, 392, and 34 of the IPC, and an investigation was subsequently launched, implicating several individuals, including Sana.
Following the investigation, a charge sheet was submitted and the case was committed to the Court of the Sessions Judge for trial, where it was renumbered as Session Case No. 21 of 2023.
It was after this summons were issued to all accused, including Sana, who, upon reviewing the charge sheet, filed for discharge under Section 227 Cr.P.C., citing a lack of material evidence against him.
However, the Sessions Judge rejected Sana’s plea on February 5, 2024.
Aggrieved by the decision, Sana then approached the High Court of Meghalaya.
“In view of the above observation, this Court is of the considered opinion that the learned Trial Judge has failed to look into the specific evidence as regard the involvement of the petitioner herein and has simply passed the impugned order clubbing the name of the petitioner along with the other accused persons,” the High Court said.
“This Court being convinced that the Trial Judge has committed manifest error in rejection of the application for discharge vis-à-vis the petitioner herein, the only conclusion would be that no charges can be framed against the petitioner,” the High Court said, quashing the order dated February 5, 2024, and discharging Sana from all liabilities in the case, including his bail bond.