SHILLONG:
The Meghalaya High Court has decided not to interfere with the judgment of the trial court which sentenced former Mawhati legislator Julius Dorphang to 25 years imprisonment for raping a minor while directing that the survivor be paid a compensation of Rs 20 lakh.
“Accordingly, the term of imprisonment of 25 years as awarded by the trial court by indicating cogent reasons therefore, does not call for any interference,” the division bench headed by Chief Justice Sanjib Banerjee said in its judgment while dismissing the appeal filed by Dorphang.
The court said considering the age of the convict, such a tenure could be anywhere between 15 to 30 years. The discretion that is exercised is for the benefit of the convict by not awarding the maximum sentence permissible.
“In such a scenario, even though there is no specific prescription in the provision for awarding a sentence of 15 years or 20 years or 22 years of imprisonment, if such tenure is indicated, it will be deemed to fall within the bandwidth of discretion made available to the court by the relevant provision,” it added.
Dorphang was challenging the order dated August 24, 2021 passed by the Special Judge Protection of Children from Sexual Offences (POCSO), FS Sangma in Ri Bhoi which sentenced him to 25 years imprisonment.
Meanwhile, the court has directed the state to ensure the continued well-being of the survivor at least till she reaches the age of 25.
“The fine, if paid, and a total amount of compensation not less than Rs 20 lakh, should be provided by the State to the survivor by way of investments that would mature on a periodic basis for her to receive the same. In other words, the State will pay a further Rs 5 lakh to the survivor by way of compensation, in addition to the sum of Rs 15 lakh that she receives from the fine. If the appellant does not pay the fine and serves a further five years of rigorous imprisonment, the State will make over the equivalent amount of Rs 15 lakh to the survivor,” it said.
“The total amount of Rs 20 lakh must be invested in the name of the survivor within three months from date with the State taking adequate measures to ensure that the entire amount is not squandered in a hurry or the survivor is cheated of any part of it by any other person,” the Court added.
The judgment further stated that the state will also be responsible for taking care of all the medical needs of the survivor free of cost and befitting a Grade-II officer of the State for at least the next 20 years.
In addition, if there is any special programme or working opportunity that is available or for which the survivor qualifies or if there is any late education programme for women where the survivor may be accommodated, the state should provide all assistance to the survivor to lead a remaining normal and healthy life, it said while asserting, “The society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.”
Further, the court stated that nothing said herein and nothing done pursuant to this judgment and order will stand in the way of the proceedings arising out of the FIR filed on behalf of the survivor at Madanryting being brought to a logical conclusion in accordance with law.
Dorphang was the founder and the chairman of a militant outfit before he surrendered to the police in 2007. He later contested and won from Mawahati assembly constituency in Ri Bhoi in 2013.
However, he was accused of raping a 14-year-old in 2017 while he was the sitting MLA.
Following the allegation of rape, Dorphang absconded and was nabbed from Guwahati.
The legislator was arrested and booked under Protection of Children from Sexual Offences (POCSO) Act and Immoral Trafficking Prevention Act.
He was lodged at the Nongpoh district jail, but was granted bail on medical grounds from the Meghalaya High Court in 2020 by a single bench.
He was rearrested and convicted again on August 13, 2021 and tried at the POCSO court.