Court discharges man in alleged rape attempt case
Source: The Sangai Express
Imphal, December 22 2017:
Special Court POCSO Imphal East acquited one Yanglem Dhamendra (31) after the trial of an alleged rape attempt case before the Court and discharged him of all liabilities of the chagres levelled agaisnt him .
The order was announced by Special Judge POCSO Imphal East Gaiphulshillu Golmei after the final argument hearing of the case on December 20 .
The trail was conducted against Yanglem Dhamendra (31) s/o (L) Babahaur of Uchathol village, Jiribam, after the IO of the case filed a charge sheet on March 27, 2016 and the ame was registered as special trail by the Court for proceeding against him .
According to the submission of the IO, a complaint was lodged by the father of the alleged minor victim before women police station Imphal East stating that on September 16, 2015 9at around 7.30 pm), Yanglem Dhamendra allegedly attempted to rape his minor daughter when she went to Dhamenra’s shop at Golarthol bazar to recharge her monile phone .
At the time of the investigation, Dhamendra applied for anticipatory bail and Session Court Imphal East directed him to surrender beofre the IO and avail a regular bail .
As such Dhamendra surrendered and his statement was recorded and his medical examination was conducted at JNIMS Forensic Medicine after which he was released on bail .
The Court framed found prima facie evidence against Y Dhamendra and framed charge agaisnt him and proceeded with witness examination of the case .
During the trial prosecution, the Court heard the submikssions of three prosecution witnesses, including the complainant father, the IO and the alleged minor victim .
Their statements were recorded by the Court and cross examined by the defense counsel .
After the accused examination of the case, Y Dhamendra also produced three defense witnesses from his side and the submissions were recorded and cross examined by the Special PP from the side of the prosecution .
The APP of the State submitted that there is ample evidence on record to prove that Y Dhamendra attenpted to rape the victim and the victim thwarted the attempts .
On the other hand, N Shasikanta, counsel of Dhamendra submitted that Dhamendra is innocent and the alleged victim made a false complaint to escape liability of attempt to murder and Dhamendracoudl not make any report of the incident to the police as he was hospitalised and his relatives were attending to him at the hospital .
After going through the case record and observing the prosecution, the Court found serious lapse on part of the IO of the case .
The Court mentioned that the IO failed to take any seps for medical examination of the alleged victim and also failed to seize the cold drink bottle which was allegedly offered by Dhamendra to the alleged victim which was claimed to have smelled like alcohol .
The IO never seized the knife used by the alleged victim to slash Dhamendra’s neck nor the T-shirt of the alleged victim nor the jeans worn by Dhamendra .
The Court furhter mentioned that the IO never examined any independent witnesses even though the alleged victim stated that she went to the police station with the husband of one of her friend.
It also found that the statment given by the alleged victim under 164 CrPC and the statement given before the Court during the trial .
The Court came to the conclusion that the prosecution have failed to prove the case beyond reasonable doubt and the witnesses produced by Dhamendra in his defense neither support nor disapproved his case .
The Court discharged Dhamendra from the liabiliteis of the charges levelled against him and cancelled any bond furnished by him .
The Court order also mentioned that the incompetence and carelessness of the IO have resulted in lack of evidence in support of the alleged victim and such lapses on part of the IO shoudl not be tolerated as individuals accused of henious crimes like crime agaisnt women, can go scot free aftrer committing the crime .
The Court also drew the attention of the DGP, Maipur Police for conducting necessary training programmes in the future to eliminate such mistakes.
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