KHURAIJAM BUNGBUNG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The Present Cril. Appeal is filed against the Judgement and Order of conviction dtd. 18/12/2017 and Order of Sentence dtd. 20/12/2017 passed by the Ld. Addl. Sessions Judge (FTC) Crime Against Women, Manipur in S.T. (CAW) Case No. 3 of 2017 convicting the Appellants under Sec. 376 -D of the Indian Penal Code and sentencing the 1st Appellant to undergo rigorous imprisonment for life with fine of Rs.10,000.00 (Ten Thousand) only and the rest 2(two) Appellants to undergo rigorous imprisonment for a period of 20 years and a fine of Rs.5,000.00 (Five Thousand) each and in default of payment of fine the accused have to undergo 3(three) months simple imprisonment.

(2.) The prosecution story is that on 23/01/2014 at about 1pm, the complainant namely Ashang Kasar lodged a written complaint stating that on 22/01/2014 at about 1 or 2 pm, his niece Miss X (name withheld) came from Mantripukhri Bazaar. When she reached at Lamlongei, the three persons came and kidnapped his niece and later raped her in Lamlongei jungle. Accordingly a regular case being F.I.R No. 04(1)2014 HNG-PS, 376/34 IPC was registered and after investigation, charge sheet was submitted.

(3.) The charges were framed against the accused persons (the present Appellants) under Ss. 109/354/376/384 and 34 IPC on 24/07/2017. Later on 08/12/2017, the trial Court altered the charges from Sec 376/34 IPC to 376-D, IPC by invoking the provision u/s 216 CrPC after due consideration of the materials on record and hearing of the Ld. Spl.P.P. as well as Ld. Defence counsels.