THONGAM TARUN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of the judgment dated 30.04.2018 passed by the High Court of Manipur at Imphal in Criminal Jail Appeal No. 2 of 2014 and Criminal (Jail) Appeal No. 3 of 2014 in and by which the High Court has affirmed the conviction of the appellants under Section 376(2)(g) IPC for committing the gang rape upon the victim and, accordingly, they were sentenced to undergo rigorous imprisonment for a period of fifteen years with a fine of Rs.25,000/-. The appellants were also convicted for the offence under Section 120-B IPC and they were sentenced to undergo rigorous imprisonment for a period of ten years both the sentences were to run concurrently.

(3.) Briefly stated the case of prosecution: Two appellants were close friends. On 20.10.2012 accused no. 1 said to have picked up the victim (PW-5) aged about sixteen years and took her in a Maruti Car and taken to a restaurant along with his friend - accused no.2. Further, case of prosecution is that the appellants have forcibly given a soft drink mixed with intoxicant to the victim and after taking the said drink, she fell unconscious. Thereafter the appellants are said to have committed rape on her. The allegation is that when the victim regained her senses, she found that she was raped by accused no. 1 and also by accused no. 2 and, thereafter, she was dropped off. Complaint was lodged by the mother of the victim on the next day on 21.10.2012, based on which FIR was registered under Sections 376 IPC and 120-B IPC. On completion of the investigation, charge-sheet was filed and the appellants were charged for the offences under Section 376 and Section 120-B IPC.