Research › Search › Judgment

Meghalaya High Court · body

2014 DIGILAW 48 (MEG)

Rington Lyngkhoi v. State of Meghalaya

2014-04-01

PRAFULLA C.PANT

body2014
Judgment Prafulla C. Pant, CJ. This appeal, preferred under Section 374 of Code of Criminal Procedure 1973 is directed against the judgment and order dated 26.09.2013 passed by the Special Judge/Fast Track Court, Nongstoin, in GR Case No. 29 of 2003, whereby, said Court has convicted and sentenced the accused Rington Lyngkhoi (appellant) under Section 376 IPC. Heard learned counsel for the parties and perused the paper on records. 2. Brief facts of the case are that on 24.06.2003, the complainant Smti. S. Lyngkhoi (PW 1) who is President of Village Defence Party of Lummyrsiang, Myriaw Elaka, West Khasi Hills District gave a written report on behalf of the victim's family at Nongstoin Police Station complaining that on 22.06.2003, at about 4 PM, victim "X" (PW 3) on her way back from Church was stopped and raped by an unidentified person. On the basis of said report, Crime No. 29 of 2003 was registered at the Police Station and during investigation, it was found that the accused Rington Lyngkhoi was the person who committed rape on "Ms. X" (PW3). He was put to Identification Parade on 09.07.2003 and correctly identified. The girl was medically examined. However, no external injury was found on her person. The Investigating Officer Denestar Pariong (PW 6) after investigation, submitted charge-sheet against the accused Rington Lyngkhoi for his trial in respect of offence punishable under Section 376 IPC. 3. It appears that after giving necessary copies to the accused as required under Section 207 of CrPC, the case was committed to the Court of Sessions for trial. The trial Court after hearing the parties, framed charge of offence punishable under Section 376 IPC against the accused Rington Lyngkhoi, to which he pleaded not guilty. 4. On this, prosecution got examined PW 1 Staiphul Lyngkhoi (informant), PW 2 Headstander Marwein (Secretary of Village Defence Party, PW 3 "Ms X" (victim), PW 4 Smti Tewelda Marwein, house owner, where the victim used to go as domestic help, PW 5 DR. Lyngdoh, Deputy Director Forensic Science Laboratory, Shillong, PW 6 Denestar Pariong (Investigating Officer), PW 7 Dr. Branda Syiem (who medically examined the victim), and PW 8 Denis Shangpliang (Staff Nurse). 5. Lyngdoh, Deputy Director Forensic Science Laboratory, Shillong, PW 6 Denestar Pariong (Investigating Officer), PW 7 Dr. Branda Syiem (who medically examined the victim), and PW 8 Denis Shangpliang (Staff Nurse). 5. Oral and documentary evidence was put to the accused by the trial court under Section 313 of CrPC, to which he replied that the same is incorrect, and got examined DW 1 Kitbor Thabah and DW 2 Phloribian Lyngkhoi as defence witnesses. 6. The trial Court after hearing the parties, finds that the prosecution has proved the charge against the accused and convicted him accordingly under Section 376 IPC and after hearing on sentence, convict was sentenced to rigorous imprisonment for two years and directed to pay fine of Rs. 10,000/- in default of payment of fine he was to undergo further six months imprisonment. (Though the sentence awarded by the trial Court is lenient but no appeal is filed for enhancement of the sentence by the State). 7. The only point argued before this Court on behalf of the appellant is that the criminal case should have been tried by the District Council Court and not by the Fast Track Court. On this ground, conviction of the appellant is challenged. In reply to this on behalf of the State of Meghalaya, attention is drawn to the copy of Notification No. LJ(A) 9/2012/6 dated 24.03.2012, issued by the Government of Meghalaya empowering Fast Track Court to try all types of cases. Attention of this Court is also drawn to Notification No. LJ(A) 9/2012/29 dated 30.03.2012, issued by the said Govt. whereby it is notified that Governor of Meghalaya in exercise of powers conferred under Rule 17 of Administrative of Justice and Police in Khasi and Jaintia Hills 1937, read with paragraph 4(1) of Khasi Syiemship Administration of Justice Order, 1950 and further read with paragraph 5 of the Sixth Schedule of the Constitution of India conferred powers on Special Judge/Fast Track Court, Nongstoin to try all rape cases within West Khasi Hills District. It also appears that vide Notification No. LJ(A) 39/2012/6 dated 02.08.2012, Special Judge/Fast Track Court, Nongstoin was further empowered to try all the cases within West Khasi Hills District relating to offences punishable under Sections 302, 323, 325, 326, 304, 307, 392, 395, 380, 341, 342, 366, 377, 354, 447,506, 509, 498, 511, 363 and 377 IPC in addition to 376 IPC. Vide another Notification No. LJ(A) 9/2012/28 dated 30.03.2013, Governor of Meghalaya extended the term of Shri Thomas Diengdoh (who presided the Special Court/Fast Track Court, Nongstoin) to try the rape cases up till 31.03.2014. 8. In view of the above notifications, this Court finds that there is no jurisdictional error committed by the trial Court in convicting and sentencing the accused Rington Lyngkhoi under Section 376 IPC. No other point on merits of appeal or appreciation of evidence is pressed on behalf of the appellant. Therefore, the appeal filed by the appellant is hereby dismissed.