IROM CHAOBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Ibom Chaoba Singh a mechanic in a Motor Tyre Retreading Works was convicted under Section 376(1) I.P.C. and sentenced to 7 years Rigorous Imprisonment and a fine of Rs. 1,000/-, in default, one months Rigorous Imprisonment by the learned Additional Sessions Judge his order dated 3-4-1987 in Sessions Trial Judge III No. 75 of 1989 for committing rape on an unsophiscated rustic village girl namely Ch. Tanapi Devi who belonged to a broken family and who could not avail of the warm and tender love of her mother since her childhood.It is against this order of conviction that the convict has preferred the present appeal from Jail.

(2.) The prosecution case, as gathered from the statement of the prosecutrix Tanapi Devi, is that on 14-8-86 at about 4 p.m. while she was talking by the side of Paonam Leirak, a path which is about 50 fathoms away from her gate of the Lairikyengbam Leikai, with her boy friend Aken Singh of Ahalup Village, she saw her father Apafi Singh coming along that path pushing his bicycle. When he (Apabi) saw his daughter talking with a stranger if the public path, he had shown his red eye to his daughter and entered into a by-lane. At the sight of her father, Aken Singh left the prosecutrix in haste riding his cycle. Tanapi Devi also became panicky and she was afraid of returning home lest her parents might beat her severely. She determined to pursue her boy friend to elope with him. With that view in mind, she started to follow the path of Aken Singh but as she could not find him on the way, she proceeded towards his village. All her attempts to find Aken Singh having been abortive, she went to the house of Thoibi Devi whom she knew from before with a view to confide in her problem impossible her help to find Aken Singh. It is to be noted here that Thoibi Devi, wife of the accused is a resident of Maning Leikai and her house is not so far away from that of Aken Singh. When she narrated her story to Thoibi Devi and her husband (accused), the accused promise to extend his help saying that Aken was his closed friend and asked her (Tanapi) to stay at his house till he could contact Aken Singh who used to return home a bit late. She agreed to his proposal and thus stayed with Thoibi and the accused, insisting all the while on the accused to find out Aken as ready as possible. On the same day at about 10.30 P.M. the accused left his house saying that he would meet Aken and after some times he returned and reported Tanapi Devi that he had met Aken who informed him that he would come soon and see Tanapi Devi at his (accused) house.

(3.) Thoibi Devi, who was then at the advanced stage of pregnancy, had already gone to bed before her husband returned home. While waiting Aken Singh coming, Tapabi Devi was lying beside Thoibi Devi on the same bed. The accused also went to his bed which was placed perpendicular to his wifes bed in the same room. At about 11.30 P.M. the accused called Tanapi saying that Aken had come and asked her to go to the kitchen room and open its back door. Accordingly, Tanapi entered into the Kitchen room and opened the back door but she shut it again when she found none outside. By that time, the accused who followed her without her notice, caught her from behind near the back door and committed rape on her by force without her consent and against her will. After the completion of rape, the accused pulled her to his wife's bed and made her lie down beside his wife. At day break she complained to Thoibi Devi that her husband violated her virginity and asked her to become his second wife. Thereupon, Thoibi Devi quarreled her husband (accused) and made Ibom Chaoba Singh v. The State of Manipur preparation for going to her parental house but the accused managed to prevent her from leaving, his house.