SHILLONG, APR 28: The Meghalaya high court on Thursday ordered restoring of a 2011 rape case for ‘retrial’ while setting aside two orders passed by a Fast Track Court (FTC) which include the one that granted acquittal to the accused Small Phawa.
It has also directed the trial court to deliver the final judgment without much delay, preferably within four months. The accused was also directed to appear before the trial court on May 27.
In its order issued on Thursday, the court said, “The impugned judgment and order dated 26.02.2015 as passed in FTC Case No.447 of 2012 [G.R. No.177 of 2011] by the Adhoc Judge, Fast Track Court, Jaintial Hills District, Jowai is reversed and set aside; the order dated 30.05.2013 as passed in FTC Case No.447 of 2012 is also set aside.”
“The FTC Case No.447 of 2012 [G.R. No.177 of 2011] with the application filed by the prosecution under Section 311 of the CrPC is restored for consideration (retrial),” it stated.
These were the operative portion of the order of the judgment pronounced in the open court while hearing the appeal against acquittal of Phawa here.
It may be mentioned, a case was filed on December 2, 2011 against Small Phawa for raping a minor at Riatsiatsim, Jowai in West Jaintia Hills District on November 30, 2011.
The court said in its order that the learned trial court shall reconsider the said application and pass appropriate order and re-examine the Investigating Officer and may put her relevant question having a bearing on the present case with liberty of cross examination to the party entitled thereto.
It further directed, “The learned trial court shall be expected to deal with the matter expeditiously and to deliver the final judgment without much delay, preferably within 4 months of the first date of appearance of the parties.”
“The accused-respondent shall appear before the trial court on 27.05.2016. He had been on bail during the trial. He shall furnish a personal bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Registrar General of this Court for his appearance in the trial court on the given date,” the order said.
After his appearance in the trial court, the accused-respondent shall continue to remain on bail after furnishing such bond/surety as directed by the trial court. The record of the trial court be returned immediately, it stated.
Upon pronouncement of the order, the public prosecutor indicated that the Fast Track Court concerned is no longer functional.
On this, the court said that suffice it to say that the matter shall obviously be taken up now by the successor Court i.e., the Court of Sessions Judge, Jowai and no separate order in that regard would be requisite.
The record of the trial court shall also be transmitted to the aforesaid court of Sessions Judge, Jowai, it added.-By Our Reporter
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