Shillong, Sept 16: A man serving 10 years for alleged sexual assault on his minor niece in Sohparu is now a free man after the Meghalaya High Court found inconsistency in the case.
The Division Bench of Chief Justice Revati Mohite Dere and Justice W Diengdoh on Wednesday acquitted Emanuel Marwein, setting aside the October 12, 2022 judgment of the Special Judge (POCSO), West Khasi Hills in Case No. 25 of 2018.
Marwein was booked under Sec 5(n)/6 POCSO and 506 IPC after village headman and secretary lodged complaint on June 8, 2017 claiming the 13-year-old survivor had written a letter to her grandmother about the rape.
The court examined the letter and found that the culprit was simply named as the “eldest uncle”. The court also found that the letter was dated June 28, 2017 — 20 days after the FIR was filed on June 8.
“On the basis of the alleged letter authored by the survivor, an FIR was registered. This does not stand to reason,” the court noted.
The prosecution also failed to explain how the FIR could be based on a future letter.
The identity link collapsed further when the victim was taken to the hospital for medical examination. The survivor allegedly told the doctor (PW4) before examination that the assailant was “Phringmonday Marwein @ Aka mama” while playing outside. However, the doctor said the girl only mentioned “Mama” so her aunt supplied the name Phringmonday and not Emanuel Marwein who was chargesheeted and tried.
Though the survivor later identified Emanuel in court as the son of her grandmother’s sister, , the High Court found the inconsistencies regarding the perpetrator’s identity significant.
The Bench ultimately held that the prosecution had failed to establish the identity of the perpetrator, resulting in Marwein’s acquittal.
