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Meghalaya High Court reduce period of imprisonment for rape

Shillong, Mar 8: The Meghalaya High Court has reduced the period of imprisonment to a person, who was convicted for sexually assaulting a five-year-old girl, to 10 years.

Rajingstar Thabah was arrested based on a complaint filed by the mother of the girl with the Sohiong police outpost on November 3, 2017.

The Special Judge (POCSO), Shillong had passed judgment on July 11, 2022 , which sentenced the accused person to undergo rigorous imprisonment for a period of 18 years and to pay a fine of Rs 20,000 in default to undergo Simple Imprisonment for another 3 months. The fine amount was directed to be given to the victim girl.

In judgment passed on March 7, while hearing a criminal appeal, the Division Bench comprising Chief Justice S Vaidyanathan and Justice W Diengdoh said, “In the result, this Criminal Appeal is allowed in part and the conviction and sentence passed by the Court below dated 08.07.2022 and the order of sentence dated 11.07.2022, passed by the Special Judge (POCSO), Shillong in Special POCSO Case No.5 of 2018 is modified to the extent that the Appellant shall undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.20,000/-, in default to undergo Simple Imprisonment for another 3 months. As ordered by the Trial Court, the fine amount shall be disbursed to the victim girl, if not already paid.”

“It is made clear that the appellant shall be entitled for set off in accordance with Section 428 of the Code of Criminal Procedure for the period of detention already undergone by him. Except the reduction in the quantum of punishment, the rest of the judgment of the Trial Court holds good in all other respects,” it said.

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