The Meghalaya High Court has today ordered the release of June Bordoloi who was jailed for attempted rape of a girl in Umiam on February 19, 2018.
In a verdict passed today, Justice Wanlura Diengdoh upheld the appeal made by Bordoloi.
“The appellant is directed to be released immediately, if not required to be in custody in connection with any other case,” Justice Diengdoh said.
“However, having been found not guilty for the offence under Section 376/511 IPC for which he was to undergo a sentence of three years and six months’ rigorous imprisonment, with fine of R 5,000 only and in default thereof to suffer simple imprisonment of one month, the appellant is entitled to be set at liberty at this juncture,” the order said.
Bordoloi has been in custody since the day of his arrest on February 24, 2018.
The High Court also stated that the Sessions Judge, Ri-Bhoi district while sentencing Bordoloi to jail “has failed to properly appreciate the evidence which is apparent that the prosecution has not succeeded to discharge the onus of burden of proof to allow the Court to come to a finding of guilt beyond reasonable doubt.”
“Therefore, under the circumstances, this Court finds that the accused/appellant cannot be convicted for an offence under Section 376 read with Section 511 IPC. The conviction and sentence on this account is hereby set aside and quashed and consequently reversed,” the High Court said.
The genesis of the matter was an FIR lodged by the mother of the girl that on February 19, 2018 at around 2:30 pm, her daughter left home for her tuition at Umiam Block II, but on reaching the old paddy field of MeECL, Bordoloi forcefully pulled and dragged her to the jungle by covering her mouth and attempted to rape her, but somehow she managed to escape and reported the matter to her family.
On receipt of the FIR, the police proceeded with the formalities and finally arrested Bordoloi who was remanded to custody from time to time. The charge sheet was also filed by the Investigating Officer on May 29, 2018 stating to the effect that a prima facie case under Sections 354 A(1)(i)/376, 506 and 511 IPC was made out against Bordoloi and a list of about eight witnesses was submitted to prove the case of the prosecution.
The Court of the Sessions Judge, Ri-Bhoi District framed charges against the accused person under sections 376, 511, 354 A(1)(i) and 506 IPC and proceeded with the trial, where seven prosecution witnesses were examined.
The Sessions Judge, Ri-Bhoi District having taken up the trial of the case against Bordoloi has finally disposed of the same through the judgment passed on April 9, 2019, whereby the accused was convicted of the charges against him and was sentenced to undergo rigorous imprisonment of one year for the offences committed under Section 354 A (1)(i) IPC and concurrently to also undergo rigorous imprisonment for three years and six months for offences committed under Sections 376 and 511 IPC, along with fine of Rs 5000 and in default thereof will entail a further simple imprisonment of one month.
