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2018 Supreme(Megh) 64
IN THE HIGH COURT OF MEGHALAYA
Mohammad Yaqoob Mir, S.R. Sen, JJ.
Shri Johny Nongtnger - Appellant
Versus
State of Meghalaya - Respondent
Crl. A. No. 1 of 2015
Decided On : 13-09-2018
Advocate Appeared:
For the Appellants : Mr. H.L. Shangreiso, R. Majaw.
For the Respondent: Mr. S. Sen Gupta.
The duty of the prosecution to prove each circumstance beyond doubt in cases based on circumstantial evidence.
Headnote:
Section 376 IPC - Appeal - 374 Cr.P.C. - Summary
Fact of the Case:
The appellant was convicted under Section 376 IPC for allegedly raping and assaulting the prosecutrix. The prosecution's case was based on circumstantial evidence and witness testimonies.
Finding of the Court:
The court found that the prosecution failed to establish the charges beyond a reasonable doubt. The court expressed displeasure at the mishandling of evidence and lack of concrete proof, leading to the acquittal of the appellant.
Issues: The main issue was whether the prosecution could establish the charges under Sections 363/326/307/376 IPC based on the evidence presented.
Ratio Decidendi: The court emphasized the need for the prosecution to prove each circumstance beyond doubt in cases based on circumstantial evidence. It highlighted the duty to examine a rape victim immediately to detect the exact outcome.
Final Decision: The impugned judgment and order convicting the appellant were set aside, and the appellant was set free with immediate effect. The court directed the establishment of a directorate of prosecution and accountability fixing.
JUDGMENT :
S.R. Sen, J.
1. This instant appeal has been filed by the convict/appellant under Section 374 Cr.P.C. 1973 challenging the impugned judgment and order dated 25.07.2014 passed in G.R. Case No. 110 of 2007, wherein the learned Fast Track Court Nongstoin, West Khasi Hills District, Meghalaya passed a sentence of 5(five) years rigorous imprisonment under Section 376 IPC as well as a fine of Rs. 10,000/- and in default thereof, to undergo 1(one) year rigorous imprisonment.
2. Heard Mr. H.L. Shangreiso, learned counsel who appeared on behalf of the convict/appellant as well as Mr. S. Sen Gupta, learned Addl. PP who appeared on behalf of the State.
3. The brief fact of the appellant's case in a nutshell is that:
"1. The accused/appellant is a bonafide citizen of India and a permanent resident of Trihsaw village, Nongstoin, West Khasi Hills District, Meghalaya and as such, he is entitled to all the rights and privileges as guaranteed under Part III of the constitution of India and such other allied laws framed there under.
2. That the brief facts of the case are that the prosecutrix i.e. Miss. Kyntiewlin Nianglang resident of Nongdaju village and the accused/appellant i.e. Mr. Johny Nongtnger resident of Trihsaw Village of Nongstoin, West Khasi Hills District, Meghalaya had eloped thereby maintaining a marital relationship as husband and wife and having cohabited under the roof of the said relationship, the prosecutrix became pregnant. The above relationship was well known by the families.
3. That the prosecutrix claimed that she went to Shahlang bazaar on 05.12.2007 and met the accused/appellant who worked as cook in the Police Battalion at Shahlang, West Khasi Hills District, Meghalaya and she claimed that she has disclosed him about her pregnancy from the accused and as result, the accused assured her that he would take care of her and the unborn baby since he is the father. Further, she claimed that she followed the accused/appellant to his quarter to collect his cloths so as to accompany her to her village. However, she claimed that after bagging his cloths, the accused and she proceeded towards the sumo station/parking for their transportation, but on the way at about 3:30 PM, the accused/appellant suddenly raped her and assaulted her with knife and as such, she became unconscious and at the time of regaining her consciousness, she saw the police team around her who subsequently, shifted her to the Missionary Dispensary and later shifted to Civil Hospital, Shillong and again admitted to Ganesh Das Hospital, Shillong on 08.12.2007.
4. That she claimed that she had narrated the above story to the complainants namely Smti. Irene B. Hujon and Smti. Agnes Kharshiing, both president and joint secretary of the Civil Society Women's Organization Shillong in the Ganesh Das Hospital who accordingly, filed the First Information Report (in short FIR) dated 0712-2007 before the Superintendent of Police, Nongstoin alleging therein that victim girl i.e. Miss Kyntiewlin Nianglang was taken by the accused/appellant to a secluded area in Shahlang, Nongstoin, West Khasi Hills on 06-12-2007 at about 3:30 PM and he raped her and then slight her throat, cut her head, hands and other parts of her body with a knife causing serious injuries on the person of the above victim girl/prosecutrix. The above two complainants had lodged the above FIR for taking an appropriate action against the accused.
5. That the prosecution team claimed that when the PW. 4, 5 and 6 all police constable attached to Shahlang Police Outpost informed to the Shahlang Police Outpost that while returning from the market on foot towards their camp, they heard a noise and scream of the lady on the side of the road and they found the victim laying on the ground with the blood splatter therein at about 09:30 PM at night and having the said information, the police went to the place of occurrence and took the prosecutrix to Missionary Dispensary and later arrested the accused/appellant
