TODAY -

Irom Sharmila's time still not over
Source: The Sangai Express

Imphal, February 22 2016: Chief Judicial Magistrate, Imphal West today ordered that there is still about 12 more days till the completion of maximum period of punishment under Section 309 of the IPC under which Irom Chanu Sharmila is yet to undergo to invoke Section 436 A CrPC.

Sharmila was produced before the Court of Lamkhanpau Tonsing, CJM, Imphal West today.

The Chief Judicial Magistrate, Imphal West today passed an order that time period from Jan 2, 2016 upto Feb 8, 2016 ought to be deducted in computing the period of deduction for considering under Section 436 A CrPC.

As such 12 more days is still there in the time period till the completion of maximum period of punishment under Section 309 IPC which the accused Irom Chanu Sharmila is yet to undergo to invoke Section 436 A CrPC.

The Court fixed February 24 for final argument of the case as the deposition of witness regarding the case has been closed today.

Shamila was produced under Cril ( P) case number 129 of 2015 with reference to FIR number 12(1) 2015 City Police Station under 309 of Indian Penal Code.

During the trial hearing of the case in the open Court room today, Counsel from the side of Irom Chanu Sharmila submitted that no more defense witness from their side will be produced and prayed for the DW hearing after which the Court closed the deposition of witness regarding the case.

Sharmila's Counsel further submitted that Sharmila is in the custody since January 24 last year and is incarcerated for more than one year now as the maximum punishment for which the accused Shamila is charged with is one year and prayed for her release.

On perusal of the record, the Court found that Sharmila was remanded in judicial custody on Jan 24 last year and the charge sheet regarding the case was submitted by police on May 13 last year and the trial of the case was started before the Court on May 27 last year.

Irom Chanu Sharmila was taken to Delhi to face trial in another case on June 10, 2015.The prosecution examined prosecution witnesses from July 4, 2015 till Oct 12, 2015.During that period, Sharmila was taken to Delhi again for another trial.

Examination under section 313 CrPC was held on November 30 last year and the defense filed list of defense witnesses on December 19 last year and the examination of defense witness number 1 was held on the same day.

On Jan 2, 2016, Jan 16, 2016 and Feb 8, 2016, the defense failed to produce defense witness nor prayed for closing defense witness.

Hearing and time was granted by Court for producing more defence witness.

Finally, today, the counsel prayed for closing defense witness and submitted that the accused has been in custody for more than the maximum punishment period.

The Court found that there is indeed a delay in submission of the charge sheet.

The accused person also contributed in the case being delayed as the accused failed to produce the defense witness nor close the DW hearing for more than a month.

As a result, the Court order mentioned that time period from Jan 2, 2016 upto Feb 8, 2016 ought to be deducted in computing the period of detention for considering under proviso of Section 436 A CrPC.

As such there still is a time period of about 12 more days till the completion of Maximum Period of Punishment under Section 309 IPC which the accused Irom Chanu Sharmila is yet to undergo to invoke proviso of Section 436 A CrPC.


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