STATE OF MANIPUR Vs. M MODHU SINGH

JUDGEMENT

(1.) This Govt. Criminal Appeal No. 2/90 filed by the State of Manipur and Criminal Revision No. 7/90 filed by the informant are directed against the judgment and order passed by the learned Asstt. Sessions Judge, No.2, Manipur, on 10.4.89 in Sessions trial No. 3/84 and are disposed by this judgment.

(2.) I have heard learned counsel for both the sides and perused the record.

(3.) Prosecution case is that on the fateful day of 1.10.83 in the afternoon, at about 12.30) P.M. while W. Memcha Devi, P.W.-1, a student of Kumbi College along with her friends, namely Ng. Mema Devi P. W.-5, M. Indira Devi P.W.-9, M. Ibecha Devi P.W.-8 and Kin. Chaobi Devi P.W.-l 5 were returning home an foot after appearing in the P.U. 2nd Year Test Examination in the college and reached the place of occurrence, they found a jeep parked on the side of the road and when these young girls reached near the jeep, some of the occupants of the jeep jumped out and forcibly took P.W.-5 Ng. Mema Devi inside the jeep. Thereafter accused Madhu Singh and Herachandra Singh, hereinafter referred to as Accused No. 1 and 2/A-l, A-2 respectively, shouted that a wrong person has been apprehended. P.W.-5 was thereafter released. Accused No. 1 and 2 then caught hold of W. Memcha Devi, hereinafter referred to as 'the prosecutrix', and forcibly dragged her to the jeep. The miscreants gagged her mouth with cloth and the jeep left the place of occurrence. Accused 1 and 2 along with other accused persons took the prosecutrix first to Ngankha Lawai and thereafter shifted to one house. The victim was shifted to another house at night where Accused No. l.with the help of Accused No. 2 forcibly raped her. After the commission of rape, prosecutrix was taken to another house. The prosecutrix was threatened with dire consequences by show of weapon and she was asked not to make any sound. The next day also the victim was taken from place to place and kept in another house where Accused No. 1 again committed sexual intercourse with her. On the third day, the prosecutrix somehow escaped and reached Churanchandrapur and met his uncle who had gone there in her search. She was brought home and produced before the police. Soon after the occurrence some of the colleagues reported the incident at the house of the prosecutrix, whereupon FIR was lodged. Police registered a case and after usual investigation submitted charge-sheet against all the four accused persons under Section 366 read with Section 34 IPC and separate charges under Section 376/109 IPC against Accused No. 2 was also framed. During the course of trial accused M. Yaishul Singh died and the case against him stood abated. During trial before the Asstt. Sessions Judge No. 2, prosecution examined, as many as, 17 witnesses and proved and exhibited certain documents. The statement of the four accused persons were recorded. On conclusion of the trial, vide the impugned order the learned Asstt. Sessions Judge acquitted the accused persons. The complainant preferred Criminal Revision No. 7/90 and the State of Manipur preferred Criminal Appeal No. 2/90. Both these matters are heard together and disposed of by this common judgment