LUKBA RIME Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) BEYOND what is defined under the penal code, one has to be alive with the universally accepted observations made at times by the Apex Court that rape is an obnoxious act of highest order against the entire society, a dehumanizing act against basic human and fundamental rights; for a women is ravished against her will per force, fear or fraud causing not only physical scar but also a deep sense of deathless shame pushing her to physiological and emotional crisis with added sufferance from social victimization or ostracism. We are reminded to deal with such a heinous crime in a light manner would be an affront to the society. Here it is a rape case.

(2.) AND these criminal appeals have been preferred by the appellants against the judgment and order dated 28. 06. 2007, passed by the learned Additional Sessions Judge, FTC, Basar, in BSR/sess. Case No. 199/2002 convicting Sri Lukba Rime, Appellant in Criminal Appeal No. 01 (AP) 2008 under Section 376 IPC and sentencing him to undergo imprisonment for a period of 7 years with fine of Rs. 5000/- and in default, to undergo further R. I. for 6 months; convicting Sri Dakto Siram, Appellant in Criminal Appeal No. 07 (AP) 2007 and Sri Tapok Talom, Appellant in Criminal Appeal No. 05 (AP) 2007 under Section 376 IPC and sentencing them to undergo imprisonment for a period of 10 years with fine of Rs. 5000/- each and in default, to undergo further R. I. for 6 months and convicting all the appellants namely, Sri Lubka Rime, Sri Dakto Siram and Sri Tapok Talom under Section 366 IPC and sentencing them imprisonment for a period of 6 years each with file of Rs. 3000/- each and in default, to undergo further R. I. for 3 months.

(3.) HEARD Mr. J. M. Choudhury, learned Senior Counsel for the appellant in Criminal Appeal No. 01 (AP) 2008, Mr. T. Michi, learned counsel for the appellant in Criminal Appeal No. 05 (AP) 2007 and Mr. T. Siram, learned counsel for the appellant in Criminal Appeal No. 07 (AP) 2007. Also heard Mr. N. Lowang, learned Public Prosecutor appearing on behalf of the State of Arunachal Pradesh.