SHILLONG: The High Court on Wednesday refused to stay the 10-year rigorous imprisonment awarded to Small Phawa, who is accused of raping a 14-year-old girl.
The Division Bench, while hearing a petition seeking suspension of the imprisonment order, said since the matter was at an initial stage, the Court did not make any comment on the merits of the case.
“Suffice it to say for the present purpose that after having examined the record and particularly the testimony of the prosecution witnesses and after taking note of the facts and factors emerging from the questions as put, and as omitted to be put, in the cross examination of the witnesses, at the present juncture, we are not inclined to suspend the execution of sentence. Therefore, the application for suspension of execution of sentence stands rejected,” the Court said.
Last September, the District and Sessions Court in West Jaintia Hills awarded 10 years of rigorous imprisonment to Phawa for raping the minor girl. The lower Court had also asked him to pay a compensation of Rs 1 lakh.
The High Court order further stated that Phawa’s counsel should submit a mini paper book containing the essential papers, including the documentary evidence and deposition of witnesses, within four weeks.
“Upon submission, the office shall compare the paper book within two weeks and shall thereafter list the appeal for final hearing in priority,” the Court order stated.
