PHEIROIJAM CHAOBA SINGH Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Pheiroijam Chaoba Singh
STATE OF MANIPUR
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RAMALINGAM SUDHAKAR, J. -
(1.) Heard Mr. Premkrishna, learned counsel appearing for the petitioner and Mr. RK. Umakanta, learned P.P. appearing for the respondents.
(2.) This Criminal Petition has been filed by the accused namely, Ph. Chaoba Singh, aged about 25 years, S/o Ph. Loken Singh. He filed an application being Cril. Misc. Case No. 61 of 2018 in Sessions Trial (C.A.W) No. 14 of 2018 under Section 227 of Cr.P.C. to discharge him from the above referred case. The application was resisted by the Public Prosecutor (P.P.) and after having heard the learned counsel for the accused applicant and learned P.P., the Additional Sessions Judge (Fast Track Court) for Crime Against Women was of the view that after perusal and examining the materials submitted by the prosecution, there was sufficient ground to frame charge against the accused under Section 376 IPC. While doing so, the judge rejected the application filed for discharge stating that the issue raised by the accused can be considered at the time of trial and not at the time of framing charge. Though the reasons have not been in properly recorded by the Court below, the meaning however, appeares to be that the ground pleaded for discharge is devoid of merit. Aggrieved by this, present criminal petition is filed.
(3.) The case of the prosecution is that on 09.03.2015 a written complaint was lodged with the Officer-in-Charge of Women Police Station, Imphal East stating that on 9.3.2015 at around 12.30 a.m. the daughter has been raped by unknown person inside the vehicle (4 wheeler) near Silheipung. She was pushed down forcibly after committing the heinous crime and the accused ran away leaving the victim at that spot.;
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