Jasti Chelameswar, C.J.

1. A learned Judge of this Court hearing the Criminal Revision No. 9 (SH)/04 by his order dated 14.11.06 opined that the issue involved in the case requires to be heard by a Bench of appropriate strength in order to settle the issue once and for all. By an order dated 22.11.06 the then Hon'ble Chief Justice directed this matter to be heard by a Division Bench. Therefore, the matter is placed before us.

2. The petitioner is under trial for an offence Under Section 376 IPC before the Fast Track Courtcum-Addl. Deputy Commissioner, Shillong. The charge against the petitioner is that he committed the offence of rape of a certain woman. The further details of the case are not relevant for the present purpose except to state that both the petitioner and the alleged victim are tribals belonging to a Scheduled Tribe known as Khasi. Initially the charge sheet was filed before the learned Sub Divisional Judicial Magistrate, Sohra Civil Sub-Division. The case was subsequently transferred to the court of Deputy Commissioner, Shillong who by an order dated 25.7.03 in turn transferred the case to the Fast Track Court at Shillong. The petitioner thereupon filed an app