C.JAGANNADHACHARYULU, J. - (1.) THIS is an appeal filed by the Government of Manipur against the judgment of acquittal dated 30.9.1964 of the respondent of the charges under Sections 366 and 376 I. P. C. in Sessions Trial No. 12/1 of 1964 on the file of the Additional Sessions Judge, Manipur.
(2.) THE case of the prosecution is that P. W. 3 a girl Yangambam Ningol Sumati Devi of Wangjing was aged about 14 years, that she was living in her sister's house in Takhelambam Leikai, that on 20.9.1963 she was brought by P. W. 1 her brother Yangambam Biren Singh in his jeep, that P. W. 2 (Ibemhal Devi) also accompanied her that in the evening of 20.9.1963, D. W. 1 the respondent, who was then working as a driver of a bus, which was plying from Wangjing to Imphal, offered to take the prosecutrix P. W. 3 (Sumati Devi) to Imphal in his bus on the next day and that as the respondent was familiar with the members of the family of P. W. 3 (Sumati Devi), her father agreed to send her in his bus. In the morning of 21.9.1963, the respondent brought his bus to the gate of the house of parents of P. W. 3 (Sumati Devi).P. Ws. 2 and 3 (Ibemhal Devi and Sumati Devi) got into the bus. After the bus proceeded to some distance, two persons by name, Yaiskul Singh and Angahal Singh also got into the Bus. The spare driver Anou Singh was in the bus. But, on the way the respondent drove the bus through a lane leading to his village Khangabok on the pretext of picking up a passenger. After he drove the bus to a distance of about 1/4 mile, he dragged down P. W. 3 (Sumati Devi) from the bus inspite of her resistance and alarm. The respondent directed Anou Singh to drive away the bus along with P. W. 2 : (Ibemhal Devi) to Imphal. The respondent forcibly took away P. W. 3 (Sumati Devi) to Khangabok, Thoubalking and and other villages and committed rape on her. On receipt of information from P. W. 1 (Biren Singh), in the evening of 21.9.1963, P. W. 9, A. S. I. of Thoubal Police Station started investigation. P. W. 10 (Nelson) S. I. of Police attached to Imphal Police Station, ultimately traced D. W. 1 the respondent and P. W. 3 (Sumati Devi) in the house of D. W. 6 (Laimayum Ningthem Sarma) on 25.9.1963 and rescued the girl. P. W. 11 (Ch -Priyokumar Singh) the investigating Officer got P. W. 3 (Sumati Devi) examined by P. W. 4 (Dr. Ibema Devi) Medical Officer. P. W. 11 (Priyokumar Singh) filed charge sheet against the respondent and 3 others under Sections 366 and 376 I. P. C.
(3.) THE Committing Magistrate however discharged the 3 co -accused of the respondent and committed the latter to the Sessions. The Additional Sessions Judge framed charges against D. W. 1 the respondent under Section 366 and 376 I. P. C. The Prosecution examined 12 witnesses to prove its case. The case of the respondent, who is a widower having a daughter of the same age as P. W. 3 (Sumati Devi) is that P. W. 3 (Sumati Devi) had been in love with him for about 4 years prior to the occurrence, that in the morning of 20.9.1963 when P. W. 3 (Sumati Devi) was alone in the jeep of her brother P. W. 1 (Biren Singh) in Imphal, she saw D. W 1 in his bus in the bus stand nearby and told him that her parents wanted to give her in marriage to somebody else whom she did not like and that he should meet her in the morning of 21.9.1963 in her parents' house in Wangjing, as she proposed to elope with him. It is also the case of the respondent that, accordingly, she left the house of her parents in the bus brought by the respondent in the morning of 21.9.1963, that he wanted to marry her, that he enjoyed sexual inter -course with her consent in Khangabok and Thoubalkhong, that he went from village to village at the instance of P. W. 3 (Sumati Devi) to avoid her rescue, that she was made to change her mind and that he did not commit any offence. He examined himself as D. W. 1 and his witnesses as D. Ws. 2 to 8.;