For raping and intimidating minors : Lifer for Home Administrator
Source: The Sangai Express

Imphal, May 05 2018: Maibam Manojkumar Special Judge POCSO Imphal West Court, in yet another landmark judgment under the Prevention of Children from Sexual Assault (POCSO) Act 2012, sentenced the administrator of a children home to life imprisonment and reissued non bailable warrant to arrest the convict today.

The convict Timothy L Changsang, administrator of North Eastern Children Home, Rengkai village Churachandpur, failed to appear before the Court as he went into hiding a few days before the announcement of the judgment on April 30.On the said day, the counsel of the convict was present at the Court and had submitted that he could not establish any contact with the convict and accordingly, the Court had issued a warrant of arrest to OC Churachandpur with the direction to produce the convict on or before the sentence hearing today.

The warrant of arrest issued against the convict was returned with the report that the convict could not be found at his residence.

It also came to light that the convict had left Imphal for Guwahati on April 28, by Air Asia flight number 784 and the footage of the CCTV of the departure lounge of Imphal Airport was also produced before the Court wherein the accused could be seen inside Tulihal International Airport.

Timothy L Changsang was Convicted by the Special Court POCSO Imphal West on April 30, under section 6 and 10 of POCSO Act and under section 506 of IPC.

During the' sentence hearing, A Nilachandra, Special PP submitted that Timothy was convicted for committing aggravated sexual assault as well as criminal intimidation on a minor girl staying at the home where the convict was the administrator.

It was also submitted that the convict in another trial was also convicted for committing the same acts on another minor girl of the same home.

The Special PP mentioned that per section 42 of POCSO Act read with section 376E, the convict deserves to be awarded the death sentence and prayed for awarding death penalty to the convict.

On the other hand, the defense counsel of the convict contended that the convict is 48 years old and he is a married person having a wife and children and there is no criminal record against the convict and as such prayed for the Court to consider section 376( c) (d) of IPC and the ratio laid down Supreme Court and prayed for awarding minimum sentence.

The Court went through all the materials on the record, the submissions of the Special PP and the defense counsel and the ratio laid down by the Supreme Court of India regarding the sentence in rape/ penetrative sexual assault cases and the other mitigating factors submitted by the defense counsel and came to the conclusion that the crimes committed by the convict are very serious offences.

The intentional absence since the day of pronouncement of the judgement not only makes justice delivery system insignificant but also renders it ineffective and legal justices required that an offender convicted of a crime must suffer imprisonment as otherwise there would be social anarchy, the Court order said.

Furthermore, the Court opined that the submission of the Special PP about granting death sentence as per section 42 of POCSO Act and 376 E, is not appropriate in the said trial case and thus sentenced Timothy L Changsang to rigorous life imprisonment.

The Court also sentenced him to 7 years under section IO of POCSO Act and another 7 years under section 506 of IPC with all the sentence order to run concurrently.

The Court recommended compensation to be paid to the victims under Victim Compensation Scheme.

It also recommended Rs 2 lakh to be provided to each of the victims from Financial Assistance and Support Services to victims of rape.

The order explained that if any compensation had already been paid to the victims, the amount would be deducted from the said compensation of Rs 2 lakh.

The Court further issued non bailable warrant of arrest against the convict to OC Churachandpur and OC Women PS Churachandpur.

It also directed the DGP Manipur police and SP Churachandpur for taking up necessary actions.

Comment