LAMKA, July 10: Rape accused Timothy Changsan who is charged under Protection of Children from Sexual Offences Act of serial raping girls many of whom are orphans in a children home where he was the director, failed to appear before the District and Session Court, Churachandpur today.
The Manipur High Court had recently revoked his bail a few days ago after he was found to be out on bail under mysterious condition last month.
The police have been on the look-out for the accused even to the extent of raiding his potential hide-outs.
However, the brother of the accused was seen loitering around the court complex today and even submitted a petition that his brother is in Imphal and can`™t appear before the court in Churachandpur as he was in Imphal as curfew is imposed in the State capital at the moment.
It is also learnt that the IO of the case, SI Sandy Tonsing had himself delivered the court summon personally long before the imposition of the curfew.
At the same time, the Judge who had issued the summons also failed to turn up due to the curfew raising many eyebrows.
Several sections of the society including the Manipur Alliance and Child Rights- Churachandpur and Action for Women and Child Advancement are convinced about the manner the accused was released on bail.
It is also interesting to note that the accused had hold a press conference announcing legal notice to the MACR-CCpur who champion the cause and the print media of the district through his lawyer advocate MI Sharma.
It may be recalled that Timothy Changsan is charged of raping seven girls while he was the administrator of NECH after the seven girls escaped from the boarding home and complaint to the police.
Any accused under the POCSO Act, which carry a minimum sentence of 10 years imprisonment, in no circumstances, is allowed to be granted bail for six months, however, it this case, the accused was granted bail only after 92 days.
law is there pointed by Hon,ble s.c.
It is very unfortunate to criticise the court’s order without confirm the law what the Apex court pointed out. The POCSO Act is a special law recently introduced in India and sec.42-A of the Act clearly says that, in any case or inconsistency, the provision of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency. So regarding “any accused under the POCSO Act, which carry a minimum sentence of 10
years imprisonment, in no circumstances, is allowed to be granted bail
for six months” is not applicable in the POCSO Case besides, according to General Clauses Act,1897 under section 5, effect date Rules would be when the Rules are published vide Gezette notification and not from the date when the Rules under the preparation, pointedout by the Hon’ble Supreme Court in the case of State of U.P.-V-Mahesh Narain, 2013 AIR SCW 2297 at 2300. Hence the order passed by the Special Judge, COCSO Churachandpur is quite justified. The inexperience persons are observing and critisiging the said order which I would say an infant in our legal society. There is no charged of raping seven
girls while he was the administrator of NECH at any point of time. The information is wrong, liable under section 500 IPC against the Editor and the man who submitted information.