Williamnagar gang rape case: 10 years rigorous imprisonment for all six convicts

Tura, March 24: Six convicts in December 13, 2012 Williamnagar
gang-rape case were today awarded 10 years of rigorous imprisonment
with a fine of Rs. 5000 each by a fast track court here.
“This court is mandated to consider all circumstances bearing on the
question of sentence and impose a sentence commensurate with the crime
committed”, said Ad-Hoc Judge N D Sangma.
It also stated that if the convicts fails to pay the fine of Rs. 5000
each will have to undergo rigorous imprisonment for another six months
for the offence.
The six convicts are — Laston Marak, Tobath Sangma alias Patrick,
Platon C Marak, Chengchow D Sangma, Kisen N Marak and Chingkam Ch
Marak alias Chiong.
All in the age group of 18 -20 years.
The incident took place in Williamnagar, East Garo Hills. Of the 16
youths, who were involved in the crime, 10 of them are dealt with by
the Juvenile Justice Board in Williamnagar.
The defence counsel argued for a sentence lesser than the minimum
prescribed under the law. The reasons were — (a) accused were very
young and hence they have a long life ahead of them, (b) accused had
been drinking during the winter festival, and were inebriated and
hence unaware of the seriousness of the offence, (b) it was crowd
mentality and hence no one was responsible for the actions of the
others, (d) all the accused are first time offenders and hence they
are not a menace to the society.
The defence advocate, M L Thangal sought the minimum possible sentence
less than 10 years for the six gang-rape convicts. “I pray before the
court for awarding minimum punishment to the accused. The crime was
not pre-planned and all accused are just above 18. They should be
given scope for reformation”, said Thangal.
He pleaded for a chance to be given for their rehabilitation and
reformation saying, “The accused had no prior criminal record. They
have served a jail term of 15 months and since the crime is not
pre-meditated”.
Thangal also argued that the six accused and others were on a festive
atmosphere during the unfortunate incident on December 13, 2012. “The
accused are not criminals and were in a holidaying mood. They lost
their sense of control, leading to the crime”.
He gave his defence account for seeking lenience saying, “The accused
were witness to a beauty pageant, which was held as part of the Winter
Festival in Williamnagar. The beautiful girls were wearing tiny
clothes. The boys were drinking, and once they saw the three girls,
without thinking of the consequence, they chased them. One of them
fell-down and two others fled. The victim was screaming but no one
came for her rescue”.
Public prosecutor, Sebastine Joseph quoted the law and asked for
imposition of the maximum punishment of ten years of rigorous
imprisonment. Joseph said, “The legislature amended the ‘proviso’ as
given in the un-amended IPC since the offenders were not given
adequate punishment considering the rising trend of violence against
women”.
Ad-Hoc Judge reading the sentensing said, “This court finds no special
reason to award a sentence lesser than the minimum prescribed for the
offence of gang rape under section 376 (2) (g) IPC”.
The six convicts were also sentenced for a period of one year with
fine of Rs. 1000 each under section 323 IPC for having voluntarily
caused hurt and injuries without provocation on the person of the
prosecutrix. On default to pay fine, rigorous imprisonment for another
one month.
The convicts were also sentenced under section 341 IPC for one month
with a fine of Rs. 500 for having wrongfully restrained the
prosecutrix and pinned her down on the ground by sheer use of force.
On defualt to pay fine, rigorous imprisonment for another fifteen
days.
The court said, “The fine amounts, if and when deposited shall be paid
to the rape victim through her parents”.
Not a single parents or guardian of the convicts were present during
the pronouncement of the sentencing.
“If the parents desires to appeal higer court, they can do so”, said
Thangal, defence counsel.(SP News)