Cril (Jail) Appeal Nos. 2, 3, 6 and 7 of 2013. Case: Ksh. Kennedy Singh and Ors. Vs State of Manipur. Manipur High Court

Case Number:Cril (Jail) Appeal Nos. 2, 3, 6 and 7 of 2013
Party Name:Ksh. Kennedy Singh and Ors. Vs State of Manipur
Counsel:For Appellant: N. Kumarjit Singh, Sr. Advocate assisted by P. Tamphamani and S. Lakhikanta, Advocates and For Respondents: Y. Ashang, PP
Judges:Rakesh Ranjan Prasad, C.J. and Kh. Nobin Singh, J.
Issue:Arms Act, 1959 - Section 25(IC); Code of Criminal Procedure, 1973 (CrPC) - Sections 164, 313; Indian Penal Code 1860, (IPC) - Sections 324, 326, 34, 367, 376, 376(2)(g), 384, 392, 511; Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(ii)(xii), 3(I)(II), 3(I)(II)(XI)
Judgement Date:February 17, 2017
Court:Manipur High Court
 
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Judgment:

  1. All the aforesaid appeals, since arising out of the common judgment and order, were heard together and are being disposed of by this Common judgment and order.

  2. These appeals are directed against the judgment of conviction dated 12.6.2013 and order of sentence dt. 25.6.2013 passed by the learned Sessions Judge, Manipur East in Sessions Trial No. 8 of 2012 (arising out of a case registered as FIR Case No. 32(3)2012 BPR P.S.) whereby and whereunder the learned Sessions Judge, while acquitting all the appellants for the offence punishable u/s. 3(I)(II) and (XII) of the SC/ST (Prevention of Atrocities) Act, did find the appellant, L. Rojit Singh, guilty of the offences punishable u/s. 324/367/392 and 376 of the IPC and also u/s. 25(I-C) of the Arms Act whereas other appellants namely Chungkham Ibomcha Singh, Salam Bijen Singh and Kshetrimayum Kennedy were found guilty for the offences punishable u/s. 367/376/392 read with Section 34 of the IPC and accordingly convicted them. Further, the court vide its order dated 15.6.2013 sentenced each of the appellants for imprisonment of life and a fine of Rs. 5000/- for the offence punishable u/s. 376(2)(g) of IPC with a default clause to undergo imprisonment for six months and further to undergo rigorous imprisonment for 10 years and a fine of Rs. 5000/- and in default for 6 month for each of the offences punishable u/s. 367 and 392 of the IPC. The appellant, L. Rojit Singh, was further sentenced to undergo imprisonment for 3 years and to pay a fine of Rs. 1000 with a default clause to undergo imprisonment for 3 months for the offence punishable u/s. 324 of the IPC and further for imprisonment of 3 years for the offence punishable u/s. 25(I-C) of the Arms Act. All the sentences were ordered to run concurrently.

  3. The case of the prosecution as is emerging out from the evidences of PW-1 Sathailung Kamei, PW.2 Thingbaijam Munal Singh, the victim PW-3 and PW-6 Saikhom Munal Singh, is that on 21.3.2012 at 7.30 AM PW 1 Sathailung Kamei, a Driver left Leimatak village with the truck owned by Munal (PW-2) of Irom Meijrao loaded with timbers to come to his place. He was being accompanied by his co-driver Bangsina Pamei and his sister in-law, the victim(P.W.3) who was carrying three bags of U-morok over the truck to be delivered to said Munal Singh, PW-2.

    At 10 AM they reached at a place known as Chingning Khun. They, by leaving the truck there, proceeded to village Thanil Khun, a place of the sister in-law of PW-1. There, they remained upto 9 PM. They came back to the same place where they had left the truck. There they met with Munal Singh, (PW-6) driver of another truck who was trying to change the deflated tyre of his truck. PW-1 helped him out.

    Thereafter, they left the place at 1 AM on 22.3.1992 along with three other trucks. Truck driven by Munal Singh, PW-6, was ahead of all of them. After going to some distance, he stopped the truck near a Petrol Pump for getting fuel. With the contribution made by other three drivers, Munal Singh was able to get fuel for his truck. Meanwhile, one Santro Car reached there. Two persons got down from it. One was having stick and fire arm. He asked them as to how much money they have paid to Forest Department. When they said that they have not paid, the accused (Rojit Singh) started assaulting PW1 as well as Munal Singh, PW-6. He even took out his fire arms and threatened them to kill. The accused (Ibomcha Singh) forcibly took Rs. 4000/- from PW-1 from whom, he also took a mobile and Mobile and also other drivers. Meanwhile, accused Rojit Singh boarded on the truck and started searching something. In that course, he saw PW-3, sister in-law of PW-1, sitting on the truck to whom he asked to get down. Thereupon, the accused, Rojit Singh, asked from PW 1 as to who she was (PW-1). PW-1 said that she is his wife but PW 3 on being quizzed disclosed that she happens to be the sister in-law. Upon it, Rojit Singh became quite angry and started assaulting PW-1 as well as PW-3 as a result of which, PW-1 started bleeding and lost consciousness. Thereupon, Rojit asked the 2nd Driver to bring down bags of Umorok. He was wearing same type of Pant and Jacket which police personnel used to wear. The accused got the bags of Umorok loaded in their car. The victim, PW-3, was made to sit forcibly on the lap of one person, sitting in front who was holding stick. They proceeded ahead during which he started touching her private parts. When she resisted, the accused persons sitting behind asked her to obey the command of that fellow on whose lap she was forced to sit. She again and again made requests to let her go as she is quite old and is mother of 4 children. They did not pay any heed to her request. They brought her to a place where she was made to get down from the car and then took her behind a building near a toilet. There, the accused person caught her hands and legs and raped her forcibly. Even at that time she did tell them that she is under the period of menstruation and asked them not to do anything. They told her not to bother about as it would be more pleasurable and enjoyable. They stripped off her clothes and raped her one by one. The person who first raped was the same who had had stick and fire arm with him. Thereupon, she was asked to put on dress, she did it but did not get that piece of cloth which she was using on account of having menstruation. She was then made to sit in the vehicle and then started moving ahead. She suspected that now she would be killed and therefore she almost became unconscious. However, when she came to full sense, she could hear accused talking themselves that they have reached Mayang Imphal. There the accused persons pushed her down over the flank of the road where bunches of bamboos were there. Since she was not knowing anyone of that place, she became frightened and became unconscious. Fortunately, when she regained consciousness she saw a headlight of a vehicle coming towards her. The driver, seeing her, stopped the car and then it was found that it was PW-1 who was there with the vehicle. They immediately picked her up and also two bags of Umorok which had been dumped by the accused persons there.

  4. Before PW-1 came over there, he, as has been stated above, had lost consciousness upon being assaulted by the accused person. When he regained consciousness, he was told by the co-driver about his sister in law (PW-3) being taken by the accused person. He immediately proceeded to Irom Meijrao, place of his owner, Munal Singh. On the way when he found CDO, BPR, he reported him about the incidence but they advised him to report to Nambol Police station. When he reached there, he came to know that matter has been reported and then he proceeded to the place of his owner, Munal Singh (PW-2) and in the way he found his sister in-law (P.W.3) on the road side to whom he picked up and then proceeded to the house of Munal Singh (PW-2). When they came to the house of Munal Singh, the victim had had altercation with PW 1 as she told him that he was he who told lie to them and therefore all that happened. Meanwhile, driver Munal Singh, PW-6, reached there and informed them that he has reported the matter to Nambol PS. Thereupon, PW-1 took his sister in-law to Nambol PS. PW-2 and PW-6 also proceeded to the police station. In the way they met Bimol Singh, the owner of the truck which was being driven by Munal Singh, PW-6. He informed them to go to the Bishnupur P.S. Thereafter, PW-1 took his sister in-law, PW-3 to the Police station where PW-2 and 6 also came. There the victim and other persons were asked to wait for some time. After some time PW 3 gave statement which was reduced in writing (Ext. p/2) on the basis of which a case was registered as FIR No. 32(3)12 BPR PS u/s. 326/384/376/511/34 of the IPC and also u/s. 25(I-C) of the Arms Act against 3/4 unknown persons.

  5. After the victim gave statement, the Officer in-charge (PW-22) of the Police Station suspected hands of some persons, who in the previous night, had come to the quarter of SI Ningombam Tikendro, PW-4 on Santro Car. When I.O. asked about the person who had come to his residence, police disclosed the names of the persons...

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