THE INVESTIGATING OFFICER JOWAI WOMEN POLICE STATION Vs. SMALL PHAWA

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 26.02.2015 as passed in FTC Case No. 447 of 2012 [G.R. No. 177 of 2011] whereby, the learned Ad hoc Judge, Fast Track Court, Jaintia Hills District, Jowai, has recorded acquittal of the accused -respondent, who was tried for the offences under Ss. 376 (1) and 506 of the Indian Penal Code ['IPC'].

(2.) The prosecution of the respondent emanated from the First Information Report ['FIR'] filed by Smti Rita Dhar (PW1) on 02.12.2011 in the Police Station, Jowai whereupon, P.S. Case No. 177(12) 2011 was registered and the investigation was handed over to W.P.S.I. Smti Ibarisha Nongrum (PW6). The prosecution case as stated in the FIR has been that the informant's daughter was 14 years of age and was staying as tenant in the respondent's house at Riatsiatsim, Jowai. The informant Smti Rita Dhar alleged that on 30.11.2011 at around 6:30 PM, the respondent saw her daughter [who was examined as PW3 and who is hereinafter also contextually referred to as 'the victim' or 'the victim girl'], who had accompanied her brother to the toilet; and called her near. According to the allegation, the victim girl went to the respondent who was well known to her and was called Mama (uncle) by her without any suspicion but when she reached near, the respondent suddenly pulled her inside his vehicle (a maroon A -Star) and swiftly took her to a quiet and thickly forested area across the bridge of Longriang (Wahmyntdu) on the road towards Amlarem. It was further alleged that the victim girl was confined in the vehicle, which was driven by the respondent; the door of the vehicle was locked; and when the victim cried and shouted for help, the respondent increased the volume of the music player. It was further alleged that on reaching the quiet and thickly forested area, the respondent forced himself upon the daughter of the informant and upon her trying to resist, he punched her on one of the thighs and after she was unable to defend herself, he raped and took away her innocence against her will. It was also alleged that after raping her, the respondent brought the victim back to the residence and threatened to kill if she would state the incident to anyone. The informant stated that her daughter was terrified and ashamed of what had happened and it was only after carefully asking her that she divulged the incident and that there being an apprehension of danger against her daughter's life, the matter was not reported earlier but in the end, they had decided to come forward and informed the authorities.

(3.) W.P.S.I. (PW6) carried out the investigation in the matter and ultimately, a charge sheet was submitted against the respondent for the offences under Ss. 376 (1) and 506 IPC. The accused -respondent was charged accordingly and upon his pleading not guilty, the matter was placed for trial.