Photo Courtesy: India Today Group
Shillong: The Meghalaya High Court has dismissed an appeal from Yowan O Lamare, affirming his conviction for the 2019 rape of a nine-year-old girl. A division bench of Chief Justice Revati Mohite Dere and Justice W Diengdoh upheld the original 10-year sentence and fine handed down by the Special Judge in the East Jaintia Hills District.
Prosecutors established that Lamare entered the child's home in Lumshnong village on June 27, 2019, and sexually assaulted her while she slept. The victim's mother discovered the assault in progress, causing the attacker to flee. Although the defense claimed the young survivor had been coached by her mother, the judges reviewed the cross-examination records and determined the mother had simply encouraged her child to be honest. "The same cannot be construed as tutoring," the court observed.
The ruling highlighted that the survivor's testimony remained unchallenged during the trial and was bolstered by eyewitness accounts, including that of a neighbor. Medical examinations further confirmed the assault by identifying physical injuries consistent with the crime. The defense attempted to establish an alibi, but the court noted that the appellant's own witnesses failed to support his claims and instead inadvertently corroborated the prosecution's account of the family seeking forgiveness.
While the court acknowledged a procedural error regarding the failure of the trial judge to conduct a preliminary competence examination of the young witness, they deemed the testimony reliable upon their own review, rendering the omission non-fatal to the case. The court has requested a report from the Meghalaya State Legal Services Authority to ensure the victim receives her court-ordered compensation of Rs 4 lakh.
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