KONSAM POIREI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This application for suspension of sentence has been preferred by the petitioner-appellant for suspending the sentence awarded to him by the Additional Sessions Judge (FTC) for Crime against Women, Manipur, vide its order dated 13.5.2019 passed in Sessions Trial (CAW) Case no. 15 of 2017, whereby the trial Court has convicted the petitioner-appellant for the offences punishable under Sections 417 and 376 IPC as under:

(2.) As per the prosecution story, the prosecutrix had lodged a written report on 20.9.2009 stating that she eloped with the petitioner-appellant on 17.09.2009 to be his wife, as the petitioner-appellant posed himself to be a divorce having no wife and children. Later on, it was learnt that the petitioner-appellant had legally wedded wife and children, and the petitioner-appellant had coaxed her to have sexual intercourse and thereby committed rape. On the basis of the above written report, the Officer-in-charge of SJM police station, registered an FIR bearing No. 185(9)2009 under Sections 376/417 IPC against the petitioner-appellant.

(3.) After investigation, the police filed charge sheet against the petitioner-appellant under Sections 417 and 376 IPC. After committal, the trial Court framed charges against the petitioner-appellant for the offences punishable under Sections 417 and 376 IPC. After recording the prosecution evidence as well as the defence evidence, the trial Court has convicted the petitioner-appellant vide judgment dated 06.5.2019 and sentenced the petitioner-appellant to undergo the imprisonment as aforesaid vide order dated 13.05.2019. Challenging the conviction and sentence, the petitioner-appellant filed the criminal appeal and pending appeal, the petitioner-appellant sought suspension of sentence.