Imphal, August 31 2017: Nearly 40 days after the start of the functioning of Additional Session Judge Fast Track Court (Crime Against Women), the Court announced a landmark judgement today and imposed a fine of Rs 1 lakh on the alleged victim of a rape case for misusing the law and initiating false proceedings against one O Birjit Singh (29) s/o Ibotombi of Langthabal Mantrikhong Makha Leikai .
The Court also acquitted Birjit of all charges levelled against him .
The judgement order was announced by Additional Session Judge, Fast Track Court (Crime Against Women), A Noutuneshwari Devi, two days after continuous hearing of the case, on August 28 and 29 .
The order stated that the High Court of Manipur had transferred the case from Session Judge Imphal West to the Court on July 21 and the case was set on motion on a complaint filed by the alleged victim, Chaobi (name changed), against Birjit before Singjamei police station on December 23 stating that she had been repeatedly raped by Birjit on three separate occasions .
According to the complaint, Birjit came to her bedroom on June, 2012, at around 12.30 pm and raped her and threatened her with dire consequences if she discloses the matter to anyone .
The complaint stated that she was raped a second time in the month of September, while she was sleeping with her children.
Then in the month of November, Birjit tried to rape her but fled from the spot after she raised a commotion .
Accordingly a regular case was registered at Singjamei police station and after thorough investigation, charge sheet was submitted to the Session Judge, Imphal West and charge sheet was framed against Birjit on June 22, 2017 .
The Court heard at length the side of the persecution story.
The counsel of the defense contended that the prosecution complainant/ victim’s statement is not sufficient nor reliable to convict the accused as the alleged victim did not support the prosecution case and also became hostile to her statement .
The victim even stated that she neither filed the complaint nor put her thumb impression on the OE .
Advocate Vidhyalaxmi, defense Counsel, also cited some cases in support of the submission and stated that as the prosecution failed to prove its case and the complainant even went hostile against her earlier statement, the right of the accused should be protected and he should be acquitted from the case.
The accused examination was held under section 313 of CrPC where Birjit denied the charge of rape levelled against him by the alleged victim and also declined to produce any defense witness.
During the examination of the alleged victim, she turned hostile and went against her statement and stated that there was no occurrence of sexual assault from Birjit .
The complainant also stated that she came to know that a false case had been initiated and registered against Birjit on charges of sexual assault and rape, so as to oust her from her matrimonial home by her mother-in-law .
After going through the arguments, the Court directed the alleged victim to pay a fine of Rs 1 lakh considering the false statement given by her and the effort to misuse the law by initiating false proceedings against Birjit .
The order also directed the alleged victim to deposit the fine in Court within a week.
It mentioned that Rs 80,000 will be given to O Birjit and Rs 20,000 will be credited to the account of the All Manipur Bar Association .
The order also mentioned that the prosecution has not been able to prove the allegations/charges levelled against Birjit and acquitted him from the charges.
Source: The Sangai Express
