District Court, Tanahu has ordered to send actor Paul Shah to jail for trial on the charge of rape. As soon as the court order came on Thursday evening, he was sent to District Jail, Tanahu.
Manager Krishna Joshi, who was prosecuted along with him as a traitor, has been ordered to be released on Rs 100,000 bail. When Judge Harish Chandra Dhungana ordered to send actor Shah to jail, he considered his statement as the main basis.
In a statement to the court, Shah had admitted that he had entered the victim’s room at around 12 pm after drinking with friends and with the remaining beer on the day of the incident after massaging the victim.
“The defendant could not show any justification for entering the room of the sleeping girl at around 12 o’clock at night,” said Judge Dhungana in the order.
The victim’s father had lodged an FIR against Shah at the District Police Office, Tanahu on February 25 alleging that he had raped the minor while he was sleeping in a separate room at Pradip Thapa’s house in Dulegonda, Tanahu.
In the statement given in the court, the minor victim also said that ‘Shah came in the middle of the night and forced her with the false hope of marriage’
The health examination report of the victim also stated that there was an old injury in the sensitive organ of the victim. Based on that, Judge Dhungana has ordered to send Shah to jail for trial.
The victim’s statement has also become a strong basis for sending Shah to jail. The court also considered the audio recordings of Shah’s speech as important evidence during the discussion between Shah and the victim.
“It is normal for a defendant to have an affair with a boyfriend or girlfriend. It is only a matter of confessing to being pregnant,” the order said.
It is said that this issue was also mentioned in the papers of the victim, her parents including Durga Bahadur Thapa (Durgesh Thapa), Punya Prasad Oli, and Kamal Khatri.
During a heated debate in the district court, Tanahu, on Wednesday and Thursday, Shah’s lawyers argued that the lawsuit was filed only 10 months after the incident.
However, Judge Dhungana’s order states that “the legal practitioners of the aggrieved party should not disagree with the argument of delay in filing the complaint on behalf of the victim considering that going to legal treatment will affect their career as they are in the same field.”
The order states that there is no denying that victims and guardians should be allowed to think and discuss seriously when and how to go for judicial treatment and what kind of situation or inconvenience may occur in the long run.
The health examination report of the victim also stated that there was a chronic injury in the sensitive organ of the victim. Based on that, Judge Dhungana has ordered to send Shah to jail for trial.
Bail for Paul’s manager’s ‘irresponsible actions’
Shah’s manager Krishna Joshi was accused of pressuring the teenager not to tell anyone about the incident, not to lodge a complaint with the police, and to reconcile. The supplementary complaint filed by the victim’s father said, “He was guilty of criminal conspiracy to save the main culprit.”
However, the order passed by Judge Dhungana stated that “Matiar is a person directly or indirectly involved in any incident” and the documents attached to the file did not show that Joshi’s involvement was objective.
The order states that Joshi was prevented from filing a complaint against Shah and went to court for fear of harm, intimidation, and threats.
“The law provides for a separate criminal liability for such acts,” said Judge Dhungana in his order.
Judge Dhungana also cited two examples from the UK and Nepal in the order, saying “in order to punish someone as a traitor, he must be aware of the essential elements of guilt.”
He further added that the fact that he had participated in a joint plot of the crime has added impetus to the main culprit.
The order states that there was no evidence other than the complaint filed by the victim’s father and the victim’s subsequent re-enactment of documents to confirm the role of Matiar in the case of Manager Joshi. Judge Dhungana said, “Since there is no objective evidence other than two things, there is no need to keep the accused in custody.”
However, instead of finding out about the incident in time and suggesting to go for judicial treatment, the court has ordered the victim to seek bail of Rs. 100,000.
Mentioning that Joshi had admitted threatening during the statement, the order said that his behavior was an irresponsible act towards the victim.