Kadar N. Marak vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Megh) 3

W. DIENGDOH
Kadar N. Marak – Appellant
Versus
State of Meghalaya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Deb, Adv.
For the Respondent: Mr. R. Gurung, GA with Ms. S. Shyam, GA

JUDGMENT :

W. DIENGDOH, J.

1. The uncontroverted facts of the case leading to the filing of this criminal appeal under Section 374 Cr.PC wherein, the impugned Judgment and Order dated 07.11.2017 passed by the learned Sessions Judge, East Garo Hills, District, Williamnagar in Sessions Case No. 14/2009 was assailed goes in this manner:

2. That on 06.01.2009, Shri. Kalnesh Sangma proceeded to Songsak village along with his wife to collect C.I. Sheet subsidy as provided under the MLA Scheme, from the residence of the local MLA. On reaching Songsak bazar, he instructed his wife to wait for him at the bazar while he proceeded towards the house of the MLA. It appears that he did not come to fetch his wife from the bazar and had proceeded home on his own. The next day, he came to look for her and was informed that she was at the residence of Libing Sangma and his wife. On reaching home, his wife narrated to him that about 6:30 pm or so on the previous day while she was in the bazar, she was raped by two persons.

3. The said Kalnesh Sangma then lodged an FIR before the In-Charge, Songsak AD Camp, East Garo Hills District on 09.01.2009 with a report that his wife was raped by Shri Kadar M. Mar