W. DIENGDOH
Nangroi Suting @ Rit Suting – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
1. The learned Judge, District Council Court, Shillong has passed judgment in G.R. No 384(A) of 2004 u/s 376 IPC aimed primarily against the two accused persons implicated in the case, namely; Shri Nangroi Suting @ Rit Suting and Shri Phlasstowell Kharbyngar. The said judgment dated 17.11.2022 has, in effect sealed the fate of the said accused persons, who were found to have committed an offence under Section 376 IPC. The Court then passed the sentence of conviction on 22.12.2022 sentencing both of them to undergo simple imprisonment of 7(seven) years with fine of Rs. 10,000/- each, failing payment of the same which would entail an additional imprisonment of 6(six) months.
2. Being highly aggrieved with the said impugned judgment dated 17.11.2022, two separate appeals were filed by the two convicts above named, which appeal were registered as Crl.A. No 4 of 2023 and another being Crl.A. No. 5 of 2023, assailing such judgment.
3. This Court, upon hearing the learned counsel for the appellants as well as for the State respondent, the two appeals emanating from a common judgment, it is therefore deemed convenient and expedient to take up both the appeals and to pass a common j
Nasib Singh v. State of Punjab, (2022) 2 SCC 89
The Fast Track Court lacked jurisdiction to try the case, rendering its proceedings invalid; the District Council Court's reliance on those proceedings constituted a jurisdictional error.
Jurisdiction of District Council Courts is limited to parties belonging to the same district council, as per the Sixth Schedule of the Constitution.
Any case which at any stage after the Deputy Commissioner or Assistant to him has taken cognizance of, transpires to be so triable shall have to be transferred to the competent court of the District ....
Inevitably leads to conclusion that all such criminal cases are triable by courts constituted under Para 4 of Schedule VI, irrespective of fact that de jure complainant is State, as long as both accu....
The main legal point established in the judgment is the importance of jurisdiction in trying cases and the constitutional mandate for a speedy trial.
The main legal point established in the judgment is that the Fast Track Court, presided over by an Additional District Judge, is competent to hear matters under the Guardians and Wards Act, 1890, wit....
No person shall be deprived of his life or his personal liberty except according to procedure established by law - declares Article 21 of Constitution. Life and liberty, words employed in shaping Art....
Procedural irregularities in the trial under the NDPS Act do not invalidate the proceedings unless they result in a failure of justice.
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
Territorial jurisdiction of court – No formula of universal application could be enunciated for determining as to whether two or more acts constitute same transaction – Core elements like proximity o....
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