STATE OF MANIPUR Vs. MOIRANGTHEM NINGTHOU SINGH

JUDGEMENT

(1.) This is an appeal presented by the State from the appellate order of acquittal dated 29-8-1988 passed by the Learned Addl. Sessions Judge-II, Manipur in Criminal Appeal No. 2(1) of 1986/2/88.

(2.) The learned Assistant Sessions Judge I, Manipur by its judgment and order dated 6-6-1985 passed in S.T. Case No. 7/82/5/82/1/84 convicted the accused u/S. 376, IPC and sentenced him thereunder to seven years' rigorous imprisonment. On appeal, the learned Addl. Sessions Judge by his aforesaid impugned judgment acquitted the accused of the offence u/S. 376, IPC and instead convicted him u/S. 354, IPC and sentenced him thereunder to one year's rigorous imprisonment and also to pay a fine of Rs. 2,000.00 (Rupees two thousand) and, in default of payment of the fine, to under go further two months' rigorous imprisonment.

(3.) I have heard Mrs. Ch. Bidyamani Devi, learned public prosecutor for the State - appellant and Mr. I. Lalitkumar Singh, learned Amicus curiae appearing for the respondent-accused. I have also perused the records of the case.