Meghalaya High Court upholds rape sentence

A Correspondent

SHILLONG: A Division Bench of the Meghalaya High Court on Tuesday upheld the conviction of a lower court of an accused for raping a minor.

In 2016, A lower court had sentenced the accused, Small Phawa for raping a minor school girl to 10 years rigorous imprisonment after a Fast Track Court had acquitted him.

On November 30, 2011, Phawa raped the 14-year-old in a forested area after abducting her.

The minor was staying as a tenant along with her parents in Phawa’s house at Riatsiatsim in West Jaintia Hills district.

In a judgment passed on Tuesday, the Meghalaya High Court said, “Appeal is found to be devoid of merit. The judgment impugned pursuant to which accused has been convicted and order impugned, pursuant to which accused has been sentenced to undergo rigorous imprisonment of 10 years with fine of Rs 5,000 and in default of payment of fine to undergo one year simple imprisonment with slight modification i.e. in default of fine to undergo instead of “one year”, one month of simple imprisonment, is upheld.”

The Division Bench was hearing a petition seeking suspension of the imprisonment order.

The High Court stated that the reasons and circumstances fully proves that the victim was a minor on the date of occurrence.

“It is also proved that the accused had taken her in his car and then sexually assaulted her. Right of proper trial and fair trial by no means has been offended,” he said.

The division bench said that therefore, there is no scope to interfere with the judgment impugned.

“Learned trial court on proper appreciation of evidence has rightly convicted the appellant and sentenced him, however in default of fine of Rs 5,000, imprisonment of one year is excessive therefore not reasonable,” the High Court order stated.

Also read: Meghalaya news