SARANGTHEM IBOCHOUBA SINGH Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) ON the basis of the First Information Report Ext. P/2 lodged by Debendra Singh of village Langthabal Lek Mayai at 5 -00 a. m. on 27 -9 -1967 that his sister Manitombi Devi, aged about 13 and a student of VIII Class, had been kidnapped by 7/8 persons including L. Birachandra Singh, a case was registered at the Police station Lamphel and investigations undertaken by P. W. 6 Tomchou Singh, a Sub -Inspector of Police attached to that Police station. On conclusion of the investigations, three persons. Kh. Surachandra Singh. S. Ibochouba Singh and H. Dhiren Singh, were hauled up under Section 366 I. P. C. In addition, Surachandra Singh was charge -sheeted under Section 376 I. P. C. H. Dhiren Singh was declared absconder and as such enquiry was held only against the other two accused by the committing magistrate. In course of time Surachandra Singh and Ibochouba Singh were committed to the Court of Session on the charges aforementioned. By his judgment dated 29th September, 1970. Shri O. Thambal Singh, Sessions Judge, Manipur, held the charges established against both the accused and each one of them was sentenced to three years' rigorous imprisonment under Section 366 I. P. C. and Surchandra Singh was, besides, sentenced to five years' rigorous imprisonment under Section 376 I. P. C. The sentences imposed on him were directed to run concurrently. Having felt aggrieved, the two convicts filed separate appeals in this Court, the one filed by Surchandra Singh being No. 39 of 1970 and that of Ibochouba Singh being No. 35 of 1970. Since the two appeals have arisen out of one trial, it would be convenient to dispose of them by this common judgment.

(2.) THE case of the prosecution can best be gathered from the statement of the prosecutrix Manitombi Devi P. W. 2. She deposed that in September 1967 at about 3 -00 p. m, when she was returning home from Heirangoithong Girls' High School, after close of the day's session, in company with her friends Sunita Devi P. W. 4 and Ibechoubi Devi P. W. 5. and happened to reach Ningthemcha Karong she sighted for young men including the two accused sitting close to a pipal tree. Those persons, she added, immediately proceeded towards her and Surchandra Singh, who appeared to be their leader, told her to stay behind and simultaneously caught hold of her hand to accomplish that objective. His three co -culprits helped Surchandra Singh in the process. Manitombi Devi felt perplexed over the development and so raised an alarm using the words 'Eibu Kanbiyu, Eibu Kanbiyu', She also made an effort to secure her release from the hold of Surchandra Singh, but failed. She was then forcibly made to march by the four culprits to Lourembam Leikai where she was lodged in a house. When she apprised the woman in that house that she had not been brought there with her consent, that woman refused accommodation to Manitombi Devi and the culprits in her house and told the latter to take Manitombi Devi somewhere else. Manitombi Devi was then taken from place to place amongst which was the house of the accused Surchandra Singh's mother's sister at Haobam Marak. After midnight when Manitombi Devi wept bitterly in that house Surchandra Singh proposed marriage between the two and threatened her with Khukri in case she refused. She however turned down the proposal whereupon the accused Surchandra Singh and Ibochouba Singh shifted her to another house where she was detained for the night. When she complained to the neighbours that she had been kidnapped, the accused did not feel safe to retain her in that house and so took her back to the house of Surchandra Singh's mother's sister and from there shifted her to an -other house in the north. A shortwhile after she was put in that house, some persons of the locality advised Surchandra Singh that if she was unwilling to be his wife she should be taken to some far off place to bring her round. On hearing those words, Manitombi Devi felt apprehensive and so pretended consent to marry Surchandra Singh only to avoid her being taken to some unknown distant place and Surchandra Singh informed those persons about the consent given by Manitombi Devi. Surchandra Singh thereafter bolted the door from within the room in which he and Manitombi Devi, happened to be. It is thereafter, stated Manitombi Devi, that Surchandra Singh committed rape on her by show of force and against her will. On the next morning at 11.00 a, m. the police reached that house accompanied by the first informant Debendra Singh and arrested Surchandra Singh and took Manitombi Devi into custody.

(3.) THE accused Ibochouba Singh, according to the statement of Investigating Officer Tomchou Singh, surrendered before the Magistrate on 23 -11 -1967 and the Magistrate sent him to the Police station Lamphel where he was placed under arrest on the same date,