Higher Court approached calling attention to anticipatory bail to rape accussed

IMPHAL, July 22:  The Manipur High Court has passed a directive regarding the issue of a rape case and to review the judgment passed earlier by a lower court.

The girl, a resident of Kwakta ward number 2 of Moirang PS was reportedly physically violated by one Phundreimayum Thoiba alias Thoi (25), s/ of Md Gaya alias Gayasudin, resident of ward number 8, Kwakta, Moirang.

The rape incident occurred on November 3, 2012 at around 7:30 pm at the residence of the victim while she was alone, while her family members had gone out to attend a marriage ceremony.

The girl's father lodged a complaint with the Moirang Police station on November 5, 2012 and  the case was officially received by ASI Devajani Chanu, but the said case was registered only three days after the complaint. Despite the case being registered on the said date, the medical examination of the girl was conducted on November 19, 2012.

The accused was later awarded anticipatory bail by the Additional Sessions judge (Fast Track Court, Manipur West) on January 31, 2013, following which, the head of the girl’s family filed a petition to the High Court of Manipur being unsatisfied with the Court’s earlier ruling which had granted anticipatory bail granted to the accused  on January 31, 2013.

The High Court of Manipur notified that the very order passed by the additional sessions judge (FTC) was done so without considering the case dairy as well as the related medical report.

The IO of the case, Kh Nomita Devi had produced the case dairy which also contained the report of the medical examination of the girl and also the statements of the relevant witnesses examined.

The court viewed that the medical report as well as the statements recorded so far would be relevant for proper consideration of the bail application submitted by the respondent, Phundreimayum Thoiba which, however, has not been considered by the Court while passing the earlier order on January 31, 2013.

The Court opined that in view of the non consideration of the vital materials and evidences on record, the passing of the aforesaid order dated 31/1/2013 was vitiated and the same had been set aside.

The Additional Sessions Judge (FTC), Manipur West was directed to re-consider the application filed by Phundreimayum Thoiba in the light of the medical report as well as the statements of the witnesses examined so far and passed a fresh order.

According to it, all the relevant records are remanded for further consideration by the Court on July 24, 2013, on which the IO of the case should produce the case dairy along with the documents referred before the Additional Sessions Judge, Manipur West for consideration.

It was however provided that till such consideration of the matter afresh on July 24, 2013, the respondent Thoiba shall continue to enjoy the benefits of the earlier interim order granted by the Fast Track Court made on November 29, 2012.

The petitioner also approached the Chief Justice of India (Supreme Court)  today for taking up appropriate legal action against the concerned police and the presiding officer (Judge) holding the Court of Additional Sessions Judge (FTC, Manipur West).

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Courtesy:ISTV Imphal


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