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2019 Supreme(Manipur) 52
IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Achung Gangmei - Appellants
Vs.
The State of Manipur - Respondent
Cril. Petn. No. 14 of 2019
Decided On : 31-07-2019
For the Appellant :S. Thoi Thoi Meitei, Advocate
For the Respondents: Y. Ashang, PP
Headnote:
POCSO Act - Section 4 – Indian Penal Code,1860 - Sections 366A, 367, 376(2)(g) – Criminal Procedure Code,1973 - Section 482 - Kidnapped and gang raped - Cognizance – Offence of Murder - Petitioner's granddaughter who was aged years at time of occurrence after enjoying mid-night service at RNBA Centre Church at was kidnapped and gang raped on the fateful day of by accused along with Alto Car bearing registration - According to prosecution accused took victim at on reaching accused raped her in Alto Car while accused locked the car and stood outside watching for other people - Held, As per the directions of the Hon'ble Supreme Court in titled Union of India NALSA constituted a Committee and prepared Model Scheme and after due deliberation Committee finalized the Compensation Scheme for women Victims/Survivors of Sexual Assault/other Crimes and submitted the same before Hon'ble Supreme Court and the same was accepted and it directed all the State Governments/Union Territory Administrations to implement the same in their respective States/Union Territories - It is pertinent to note that Hon'ble Supreme Court in a catena of decisions held that National Legal Services Authority's (NALSA) Scheme for compensating the victims of sexual assault and acid attacks should be used as a guiding model by the Special Courts in awarding compensation to minor victims of sexual abuse till Centre finalises rules - Hon'ble Supreme Court accepted NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes and held that guidelines would be operational across country - Thus, as per NALSA's Scheme a victim of gang rape in any part country would get a minimum compensation of and upto a maximum of amount – Petition Disposed of
JUDGMENT :
M.V. Muralidaran, J.
1. The petitioner, who is the complainant in Special Trial No. 6 of 2015 pending on the file of the Learned Special Judge, Imphal West, has filed the present petition under Section 482 of Cr.P.C. praying to direct the Special Judge to expedite and conclude the trial and to further direct the respondents to pay Rs. 5 lakhs as interim compensation to the victim viz., Apuine, considering the NALSA's Scheme for Women Victim/Survivors of Sexual Assault/Other Crimes, 2018.
2. The case of the prosecution is that the petitioner's granddaughter viz., Apuine, who was aged 14 years at the time of occurrence, after enjoying mid-night service at RNBA Centre Church at Tarung, was kidnapped and gang raped on the fateful day of 01.01.2014 at 1.00 a.m. (night hours) by the accused viz., Awungshi Ninglumshang @ Ashang Shimray along with Aboy Shimray in a Maruti Alto Car bearing registration No. 5/171. According to the prosecution, the accused took the victim at Nagaram and on reaching Nagaram, accused Aboy Shimray raped her in the Alto Car, while accused Ashang Shimray locked the car and stood outside watching for other people. Later victim was taken to the residence of accused Ashang Shimray at Dewlahland leaving Aboy Shimray at Nagaram and there she was taken inside the room of Ashang Shimray and raped. Based on the complaint given by the petitioner dated 2.01.2014, a case in F.I.R. No. 3(1) 2014 was registered by Lamphel Police Station under Sections 366A, 367, 376(2)(g) IPC and Section 4 of the POCSO Act. After completing the investigation, the Investigating Officer has filed the charge sheet under Section 366A, 367, 376(2)(g) IPC and Section 4 of the POCSO Act against the accused. The Special Court took cognizance of the offence in Special Trial No. 6 of 2015 and the same is pending disposal.
3. The petitioner has come up with the present petition by invoking the jurisdiction under Section 482 of Cr.P.C. seeking direction to expedite the trial of Special Trial No. 6 of 2015 stating that the proceedings of the trial is very slow and that the matter is being adjourned frequently on the request of either the State Prosecutor or the counsel for the accused. According to the petitioner, during the pendency of the trial, under the influence of political power and money, the accused Awungshi Ninglumshang @ Ashang Shimray was allowed to participate in the selection/recruitment to Manipur Police and he was selected. According to the petitioner, accused Ashang Shimray is serving as Assistant Sub Inspector under the Manipur Police Department.
4. The case of the petitioner is that she belongs to the Scheduled Tribe community and the victim is suffering and facing social stigma, agony and trauma because of the occurrence and could not recover completely from the said heinous incident till date. Further, the victim is in need of immediate interim compensation and counselling so as to rehabilitate and to return a normal life like any other normal child. Hence, the petitioner has filed the present petition seeking direction to the Special Court to expedite the trial and to award interim compensation to the victim.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State.
6. The learned counsel for the petitioner submitted that though the complaint was lodged on 02.01.2014 and charge sheet was filed and the Special Court had taken cognizance in Special Trial No. 6 of 2015, the same was not disposed of till date and the case is getting adjourned unnecessarily. The learned counsel further submitted that the victim is in need of immediate interim compensation and as per the NALSA's Scheme, she is entitled for Rs. 5 lakhs as interim maintenance and prayed for awarding of the said sum to the minor victim.
7. On the other hand, the learned Public Prosecutor submitted that there is no lag on the side of the respondents in prosecuting the case and the State is ready to get along with the trial of the c
