Shillong, Sept 16: The High Court of Meghalaya acquitted Emanuel Marwein, who was sentenced to 10 years rigorous imprisonment for alleged sexual assault on his minor niece and ordered his immediate release.
The Division Bench of Chief Justice Revati Mohite Dere and Justice W. Diengdoh allowed Criminal Appeal No. 51/2024 and set aside the judgment dated 12th October, 2022 passed by the Special Judge (POCSO), West Khasi Hills, Nongstoin in Special (POCSO) Case No. 25 of 2018 under Section 6 of the POCSO Act and Section 506 IPC.
Nongstoin PS Case No. 81(06)2017 was registered on 8th June, 2017 on a complaint by the Sohparu Headman and Secretary on the basis of a letter dated 28th June, 2017 allegedly written by the survivor to her grandmother.
The survivor, PW5, deposed that the accused covered her mouth with his hand during the act and warned her not to disclose the incident. She said she was 11 years old at that time and did not tell anyone. Before leaving for Tamil Nadu in the same year, she wrote a letter to her grandmother and kept it under her grandmother’s mattress. Her grandmother found it about two weeks after she left, after which she was brought back to Nongstoin for medical examination and recording of statement. She identified the photocopy of the letter and identified the appellant in court. In cross-examination she said she narrated the history to the doctor on her own.
PW4 Dr Apporstar Rani, who examined her, deposed that the survivor was 12 years old and was examined in presence of relatives and a lady nurse. He said the history was narrated by the survivor herself that while she was playing outside her uncle’s home (assailant name Phringmonday Marwein @ Aka mama) with her aunt, her uncle tried to grab her aunt who managed to run away and then grabbed her instead, took her to his room and forced himself upon her.
In cross-examination, PW4 deposed that the survivor only mentioned the accused as “Mama” and could not tell his name or exact date except that it happened in June 2017. When he asked her relatives, they said her Mama is Phring Monday Marwein, who committed sexual assault, which is not the name of the appellant Emanuel Marwein. He also said that when he enquired from the aunt accompanying the survivor, she clarified that the accused was her brother.
The Court noted that there is a clear dichotomy between the evidence of PW5 and PW4 regarding the name of the accused and although both are uncles, the names are different. It also noted that the letter on which the FIR was registered does not mention the uncle’s name at all and only refers to “eldest uncle”. Further, the letter is dated 28th June, 2017 whereas the FIR was lodged on 8th June, 2017 on its basis.
Observing that the prosecution failed to establish beyond reasonable doubt that it is the appellant alone who committed sexual assault on the survivor, the Court allowed the appeal, quashed the conviction and sentence and directed that the appellant be released forthwith if not required in any other case and that fine, if deposited, be refunded.
