Huidrom Jilla Singh v. The State of Manipur

No.22/2017/83/2020 pertaining to FIR No.75(09) 2016 KCG PS, U/S: 376 IPC & 6 POCSO ACT, 2012 and release the applicant/appellant on bail in view of the provisions provided under Section 389 of the Code of Criminal Procedure, 1973 pending disposal of the above referred Criminal Appeal in the interest of justice. [3] After issuance of notice, the prosecution also filed the objection by affidavit-in-opposition dated 26.04.2022. [4] When the matter is taken up today, Mr. Elangbam Premjit Singh, learned counsel for the applicant/appellant has represented that pursuant to the registration of the case in FIR No.75(09) 2017 KCG PS, U/S: 376 IPC & 4 POCSO ACT, 2012, this appellant/applicant was impleaded as an accused and he was arrested on 13.09.2016. From that day onwards, till the conviction and thereafter to till date, the applicant/appellant is in jail by completing 5 years, 6 months and 25 days as on 7.4.2022 when the conviction was passed by the Ld. Fast Track Special Court No.1, Imphal West, Manipur by imposing imprisonment of 7 years with a fine of Rs.10,000/- (Rupees ten P a g e | 3 thousand) only in default to undergo 3(three) months simple imprisonment. [5] The learned counsel for the applicant/appellant without going into the merits of the case, he argued that though the Ld. Fast Track Special Court No.1, Imphal West, Manipur has convicted the applicant/appellant for 7 years, but this applicant/appellant has already undergone the imprisonment for a period of 5 years, 6 months & 25 days as on 07.04.2022 which is almost completing 6 years and only a period of one and half year is left of the entire period of imprisonment years. [6] Mr. Elangbam Premjit Singh, learned counsel for the applicant/appellant further submitted that once the applicant has undergone most of the period of the sentence imposed by the Ld. Fast Track Special Court No.1, Imphal West, Manipur and the appeal is filed in the year 2022 and the appeal may not be taken up in the near future, he prayed this Court that this Court may consider the application for suspension of sentence and grant bail to the appellant/applicant. [7] Denying the argument advanced by the learned counsel for the applicant/appellant, Mr. Y. Ashang, learned PP has represented before this Court that the brief facts of the case is as follows:- P a g e | 4 That on 13/9/2016 at 5.30pm one Smt. Asem Tanuja Devi (40) yrs W/o. A. Ibungo Singh of Hiyanglam Tera Pishak lodged a written report with OC/KCG-PS stating that since the month March 2016 her mentally retarded daughter complained of stomach pain on several occasions. They ignored her complaint suspecting her to have suffered only from some ailment. However as time went on, there was visible change in her stomach. They suspected her to be pregnant. So on 10/09/2016 she took her to PHC Hiyanglam for medical check up. The doctor on duty observed that she is pregnant and advised ultra sound. According on 13/9/2016 the complainant took her to Rangini Memorial Charitable Clinic, Yumnam Huidrom Makha Leikai, and took ultra sound of her abdomen. The result of the ultrasound was furnished in which the Radiologist reported that her daughter was pregnant 26 weeks and 6 days. The complainant surmised that she was raped on 1st week of March 2016. On questioning carefully her daughter disclosed that she was raped by the present convict namely, Huidrom Jilla Singh (55) S/o. H. Shajao Singh of Hiyanglam Tera Pishak, one day during the month of March 2016 at his residence, when she went there to get back thanghai blade. The convict is a neighbour of the victim. She also stated that during the sexual assault she was gagged by the said man with his palm and even kicked her on the buttock after committing the crime. Hence is the report. That on receipt of the above information, OC/Kakching PS had registered a case under FIR No. P a g e | 5 75(9)2017KCG-PS U/s 376 IPC & 4 POCSO Act and endorsed to I.O. (W/SI. M. Priyadarshini Devi). Accordingly she (I.O.) had investigated the case thoroughly and fairly. She (I.O.) had observed all the necessary case formalities and also collected relevant documents/evidences of the case. I.O had submitted the charge sheet of the case against the accused person Huidrom Jilla Singh (55) S/o. H. Shajao Singh of Hiyanglam Tera Pishak under Charge Sheet No.6/KCG-PS/2016 dated 18/11/2016. Further supplementary charge sheet was submitted 17/12/2019 to the concerned Court. All the necessary case relevant exhibits /documents had already been submitted in the court. The Hon’ble Fast Track Special Court No.1 Imphal West has convicted the accused for 7 years and is to undergo detention till 15/09/2023 and to pay a fine of Rs.10,000/- within 7 days to be paid to the victim, in default the accused is to undergo additional detention of three months. [8] Mr. Y. Ashang, learned PP has further argued that as per the birth certificate of the victim, the victim’s date of birth is 17.08.1999, i.e., 17 years in 2016 and the victim has not completed the age of 18 years and the victim was rightly treated as a child by the Ld. Trial Court and the oral testimony of the victim (P.W. 10) corroborated by P.W. No.7, clearly produces an unmistakable interference that the accused has committed penetrative sexual assault to the victim. Therefore, after considering the evidence on record and considering the evidence in P a g e | 6 totality, the Ld. Trial Court has rightly came to the conclusion that the accused committed the offence U/s 4 of the POCSO Act 2012 and the accused have been rightly sentenced to undergo the detention for 7 years, that is till 18.09.2023. [9] By narrating the above facts and circumstances and the non-entitlement of the bail by the applicant/appellant, Mr. Y. Ashang, learned PP prayed this Court that the Application in MC(Crl.A.) No.3 of 2022 may be rejected which was filed for suspension of sentence and for bail. [10] This Court considered the arguments advanced by both the parties and perused the records. [11] Admittedly, this accused was arrested on 13.09.2016 based on the registration of the FIR in FIR No.75(09)2016 KCG PS, U/S:376 IPC & 6 POCSO Act, 2012 on the file of the Respondent Police. Thereafter, after filing the charge-sheet, the trial was taken by the Ld. Fastrack Special Court No.1, Imphal West, Manipur in Special Trial Case No.22/2017/83/2020 and convicted the appellant to undergo 7 years rigorous imprisonment and to pay a fine of Rs.10,000/- (Rupees ten thousand) only within 7 days to be paid to the victim and in default, the accused is to undergo additional detention of 3 months. P a g e | 7 [12] Though the appellant has filed the appeal in the year 2022 and the conviction was passed on 30.12.2021, Mr. Y. Ashang, learned PP has not disputed that this applicant/appellant is in jail from

13.09.2016 till date even after the conviction on 30.12.2021. [13] On perusal of the records and considering the argument advanced by both the parties, without going into the merits of the case of the appellant in this appeal and in fact, the appellant has filed this appeal only in the year 2022 and there is no chance to hear the appeal in the near future, I am inclined to suspend the sentence and to grant bail to the accused on the ground of the long incarceration of 5 years, 6 months & 25 days as on 07.04.2022 and the remaining sentence is only a period of one and half year is left of the entire period of imprisonment. [14] Accordingly, sentence imposed Applicant/Appellant in Special Trial Case No.22/2017/83/2020 dated

31.12.2021 passed by the Learned Fast Track Special Court No.1, Imphal West, Manipur alone is suspended, subject to the compliance of the following conditions by the applicant/appellant: a) the applicant/appellant is directed to be released on bail on his furnishing surety for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties in the like sum to the satisfaction of the Learned Fast Track Special Court No.1, Imphal West, Manipur; P a g e | 8 b) the applicant/appellant on his being enlarged on bail, is directed to report before the Fast Track Special Court No.1, Imphal West, Manipur on the first day of every month till the disposal of the Criminal Appeal; c) the applicant/appellant shall not indulge in any criminal activities during the period of suspension of sentence; d) in case of violation of any condition, the prosecution may ask for cancellation of bail; e) it is made clear that this Court has not delved into the merits of the Appeal. - Larson JUDGE