IMPHAL, March 30: The District and Sessions Court, Imphal West, M Manojkumar Singh, today dismissed both the pleas of Herojit and Sanjit’s mother Taratombi, citing technical shortcomings and limitation of powers.
The court in its judgement with respect to the petition filed by Taratombi, mentioned that the contents in the affidavit submitted by Herojit or alleged to be made in the print and electronic media cannot be taken into consideration at the present stage by the court.
Given the circumstances, the court of the opinion that after commencement of the trial, it no longer has jurisdiction or power to direct “further investigation” suo-moto or at the behest of the informant or victim or any aggrieved person to the investigation agency (CBI).
Nevertheless, the court mentioned that it has power to direct “further investigation’ if the investigation agency moves the court as per the provision laid down by the Supreme Court.
The court however felt that there are some developments or changed circumstances in the factual position of the case, but maintained that its hands were tied since it has to follow only the provisions envisaged in the CrPC, 1973 and having neither inherent nor constitutional power.
Moreover, it further divulged that having examined all the evidences given by the 75 witnesses before the court, none of the witnesses spoke anything relating to the alleged disclosure made by the accused, Th Herojit.
In the meantime, zooming in on the plea of Herojit, the court mentioned that the plea made by of Herojit’s counsel, Ibochouba Singh and his client (Herojit) was conflicting.
Before the hearing of Herojit’s application, Th Herojit Singh has requested before the court to say something, the same of which was permitted, wherein Herojit mentioned his desire to disclose the true facts of the case and does not want further investigation, it said.
The court, with regards to submission made by senior advocate, Khaidem Mani Singh, for directing the CJM Imphal West to record the statement of the accused, Th Herojit Singh under section 164 Cr.P.C, stated that recording of confessional statement under section 164 Cr.P.C shall be made during the period of investigation only and it cannot be done after the commencement of trial.
Subsequently, the Court divulged that it is not in a position to allow the accused to make any disclosure as desired at this stage of trial adding that asked to await till his examination under section 313 Cr.P.C.