DSJ set aside CJM Tbl order on Wangjing rape case, victim released
Source: Hueiyen News Service
Imphal, December 31 2012:
In connection with the contentious Wangjing rape case, District Session Judge (DSJ), Manipur West on Monday set aside the controversial judgment of Chief Judicial Magistrate (CJM) and ordered to release the victim from police custody.
In the order, S Ibomcha Singh, Session Judge, Imphal West said that the CJM, Thoubal has committed error in passing the order (dated 29/12/2012) for keeping the victim in the custody of Investigative Officer (IO).
Victims of any crime cannot be kept in police custody for any reason whatsoever.
The victim, an 18-year old newly married woman was reportedly raped by her neighbor at around 8.30 pm on December 27.Earlier, CJM, Thoubal passed an order directing to keep the victim in police custody for five days under the supervision of female O Kh Surjalata Devi (SI) of Thoubal Police, and instructed the IO to take advice from juvenile or child welfare officer and conduct medical examinations.
Stating that under no circumstance, the victim girl can be summoned to police station as provided by Cr.P.C, Ibomcha said, while warning the IO to strictly follow procedure of the investigation prescribed under Cr.P.C .
Acting on the order of DSJ, the IO handed over the victim to her husband and members of Women in Governance and Human Rights Law Network at around 5 am today.
Reacting to the latest development in the case, Advocate L Sivananada Sharma of Human Rights Law Network contended that the CJM Thoubal had passed the order without sensibility and not by objective judicial responsibility but subjective satisfaction.
Convenor of Women in Governance, Nonibala highlighted the need for necessary medical tests like HIV, ossification, etc at the earliest possible.