An accused, who was recently convicted on charges of crimes against women has filed a complaint to the High Court of Manipur, claiming that he was convicted without preparing the full judgment and order, and sought an inquiry against the judicial officer concerned.
Chongtham Dhurbajit Singh son of Ch Shyamsunder Singh of Nagamapal Phougeisangbam Leikai, Imphal West was convicted on April 25 by the Court of Additional Sessions Judge (Fast Track Court) Crimes Against Women. He is currently lodged at Central Jail Sajiwa and awaiting sentence hearing which is scheduled for May 10.
The complaint addressed to the Chief Justice, High Court of Manipur was filed through Registrar General, High Court of Manipur.
He is being accused in the ST Case No. 2 of 2020 arising out of FIR No. 104(05)2018 IPS u/s 376/417 IPC which is pending sentencing in the Court of Additional Sessions Judge (Fast Track Court) Crimes Against Women, Manipur, it mentioned.
It stated that he was present in the courtroom of the said Judge on April 25 along with his Counsel when the following conviction was pronounced: “After hearing both the special public prosecutor and Counsel of the accused and after having perused all the facts and evidence on record this court finds the accused guilty of the charges framed against him i.e. 417 and Sec 376 of IPC. Hence, the accused is convicted of the said charges. Announced. Proper full judgment in a separate sheet. Fix sentence hearing on 10.05.2024.”
It stated that his Counsel informed him that the reasons and grounds for his conviction will be reflected in a detailed and reasoned order as the pronouncement clearly mentions “Proper full judgment in separate sheet”
He also learned from his Counsel that it is normal to pronounce the operative part of the judgment in the daily order sheet and there shall be full judgment in separate sheets.
“While I was being taken up from the courtroom by some police personnel to be transported to Jail my counsel told me that he would stay back and apply for certified copies of the above-mentioned orders.
Now, it has come to my knowledge that my Counsel had applied for the certified copies of the said orders right after I had been taken away by the said police personnel from the courtroom; and he along with my aunt and two family friends waited till late for the certified copies of the said Orders.
However, the bench clerk of the said Hon’ble Court informed them that the said full judgment and order was/is not yet prepared and signed and the Judge also had left the court. I am now languishing in jail without even knowing the reasons and grounds for my conviction,” it said.
On April 29, his Counsel got the certified copy of the order dated April 25 wherein the operating portion (conviction order) of the judgment was passed as stated above, it mentioned.
“The act of convicting me in the absence of reasons and grounds by the said Judge deprived me of my liberty without following due process of law and the same is illegal, unjust and arbitrary,” it alleged.
It stated that the convict is confined without even knowing the reason for the confinement, while requesting the Chief Justice to intervene and cause an inquiry against the Judicial Officer and punish accordingly for better administration of justice.
