THE STATE Vs. ANGOM MAOBI SINGH AND ANR.

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of the two respondents of the charge under Section 376 I.P.C. by the Additional Sessions Judge Shri M. Radhamohan Singh. It may be mentioned here that the Sessions Judge while acquitting the respondents of rape under Section 376 I.P.C. on the ground that he was not satisfied regarding the evidence of penetration, convicted them under Section 354 I .P C. and sentenced each of them to one year's R.I. The appeal is filed by the State on the ground that the conviction should have been under Section 376 I.P.C. as there was evidence of rape and that it should not have been under Section 354. It may also be mentioned that the 2 respondents have not appealed against their conviction and sentence under Section 354 I.P.C.

(2.) THE facts are as follows. -

(3.) WHEN they were all thus assembled in the house, P. W. 16, A.S.I., who was in charge of the Police flying; squad and had got information about this rape arrived at the place and took charge of the second respondent. Then P. W. 16 took with him the 2nd respondent and P. W. 15 along with the latter's husband P.W. 7. While the second respondent was being taken to the hospital by P.Ws. 16. P.W. 7 went to the Police Station and gave the written report Ext. A/3 about the incident to P.W. 18, who was then in charge of the Imphal Police Station. P. W. 18. immediately recorded the statement of P.W. 7. Soon thereafter when the victim P.W. 15 was handed over at the Police Station by P.W. 16, P.W. 18 seized the Phanek worn by P.W. 15 containing mud stains and as he saw that she had injuries she was sent to the hospital.