LAWS(MEGH)-2013-5-8

SUPERINTENDENT OF POLICE Vs. SHALAK NONGRUM

Decided On May 14, 2013
SUPERINTENDENT OF POLICE Appellant
V/S
Shalak Nongrum Respondents

JUDGEMENT

(1.) The brief fact of the case in nut shell is that, one minor girl Ms. Epika Kharbuli was allegedly raped and assaulted by the respondent accused on 28-9-2011 at Kseh Pyndeng village, Mawryngkneng and the police has registered a case as SR No. 39 of 2011.

(2.) During the course of the investigation, it was found that the victim was continuously raped in the past also; hence the IO prayed for extension of time for filing of charge sheet before the District Council Judge. The said Court mechanically without applying its judicial mind dropped the proceeding against the accused respondent which has resulted a serious miscarriage of justice.

(3.) Being aggrieved by the impugned order dated 8-3-2013; the instant revision petition is moved before this Court under Section 397 of the Criminal Procedure Code.