Court frames charge against one, discharges other co-accused
Source: The Sangai Express
Imphal, July 23 2019:
Special Judge, POCSO, Senapati, has framed charge against one Ashin alias Kashin alias Kasinba (52) s/o (L) Mangainangba of Nungtek Karuanmuang village part II, yesterday in connection with the rape of a minor at Viewland colony, Senapati on August 1, 2017, while discharging two other co- accused from the case.
The accused Ashin was produced before the Court from jail while the co-accused individuals appeared before the Court with their respective counsels.
During the charge hearing, the Special PP submitted that on August 1, 2017, at around 8 pm, a complaint was lodged by the elder brother of the victim stating that at around 5.40 pm of the same day, his sister was found unconscious, suspected to have been raped, at a stream located near Viewland colony, Senapati district.
During the investigation of the case, the IO detained Ashin the next day but he was released on bond as no concrete evidence could be found at that time and the co accused Happyson stood as surety while Ashin was being released.
On August 20, the victim regained consciousness and her statement was recorded the next day during which she clearly stated that Ashin hit her on her head with a stone from behind her back which rendered her unconscious and as such she did not know what happened to her.
After the revelation, the IO tried to arrest the accused by raiding his house at Nungtek Karuanmuang village part II and other suspected areas but in vain.
On September 5, Happyson was arrested and taken into custody as Ashin could not be found and charge sheet was submitted against the accused Ashin as well as co-accused Happyson and one Mary.
The IO continued that several steps were taken up to arrest the accused after he absconded for about 2 years and it was only on July 11 this year that the police were able to arrest him.
On the other hand, the defense counsel of the accused submitted that Ashin is innocent and the prosecution's history is concocted and fabricated so as to malign Ashin's physical and mental conditions.
The counsel further submitted that Ashin was never involved in the crime and as such, prayed for discharging him from any liability of the case.
The defense counsels of the co- accused also prayed for discharging them on the ground that they were not involved at all in the crime, as Happyson was arrested for standing surety for Ashin while Mary's involvement is not mentioned anywhere in the charge sheet submitted by the IO.
After hearing all parties and going through the materials on record, the Court framed charges against the accused Ashin.
The Court also discharged Happyson and Mary from the liability of the case.