P.K.MUSAHARY,J - (1.) BEYOND what is defined under the penal code, one has to be alive with the universally accepted observations made at times by the Apex Court that rape is an obnoxious act of highest order against the entire society, a dehumanizing act against basic human and fundamental rights; for a women is ravished against her will per force, fear or fraud causing not only physical scar but also a deep sense of deathless shame pushing her to physiological and emotional crisis with added sufferance from social victimization or ostracism. We are reminded to deal with such a heinous crime in a light manner would be an affront to the society. Here it is a rape case.
(2.) AND these criminal appeals have been preferred by the appellants against the judgment and order dated 28. 06. 2007, passed by the learned Additional Sessions Judge, FTC, Basar, in BSR/sess. Case No. 199/2002 convicting Sri Lukba Rime, Appellant in Criminal Appeal No. 01 (AP) 2008 under Section 376 IPC and sentencing him to undergo imprisonment for a period of 7 years with fine of Rs. 5000/- and in default, to undergo further R. I. for 6 months; convicting Sri Dakto Siram, Appellant in Criminal Appeal No. 07 (AP) 2007 and Sri Tapok Talom, Appellant in Criminal Appeal No. 05 (AP) 2007 under Section 376 IPC and sentencing them to undergo imprisonment for a period of 10 years with fine of Rs. 5000/- each and in default, to undergo further R. I. for 6 months and convicting all the appellants namely, Sri Lubka Rime, Sri Dakto Siram and Sri Tapok Talom under Section 366 IPC and sentencing them imprisonment for a period of 6 years each with file of Rs. 3000/- each and in default, to undergo further R. I. for 3 months. The prosecution story, in brief, is that on 13. 4. 1997, around 5. 00 P. M. , the informant girls, namely, Miss Ipe Doke, Miss Hende Doke and Miss Jummi Doke were enticed by Sri Gumto Loyi, Dakto Siram, Tapok Talom and Lukba Rime by offering a lift in auto-rickshaw to drop them at their village, kidnapped and later raped by them at a place between Along View Point and Nigmoi turning point. The victim girls recovered a key of one of the autorickshaws left at the spot by one of the accused-persons. The victim girls lodged a written FIR on 21. 4. 1997, on the basis of which, a crime being Along P. S. Case No. 27 of 1997 was registered under Sections 342, 366, 376, 34 IPC. The officer-in-charge of the said police station endorsed the case to himself for investigation. During the course of investigation, he visited the place of occurrence, drew the rough sketch-map of the place of occurrence and also seized the undergarments, slipper and earring of the victim girls recovered from the spot. Two autorickshaws bearing registration No. AR-08-2215 and AR-03-2138, along with the documents, were also seized. The victim girls were forwarded to the district hospital, Along for medical examination. After medical examination, the I. O. collected the medical report. All the four accused persons were arrested and the Magistrate recorded the statement of the accused persons under Section 164 Cr. P. C. One of the accused persons, namely, Sri Gumto Loyi confessed his guilt and his statement was also recorded by the said Magistrate. On completion of the investigation, the I. O. submitted charge-sheet against all the accused persons under Sections 342, 366, 376, 34 IPC. The Magistrate, First Class, Along, by an order dated 8. 7. 1997, committed the case to the court of Sessions, Along, for trial and disposal. On consideration of the charges, the learned Court of Session framed charge against all the accused persons under Sections 342, 366, 376, 34 IPC. The charges being read over and explained, the accused persons pleaded not guilty and claimed to stand trial. In order to establish the charge, the prosecution examined as many as 13 witnesses including the victim girls. The accused persons examined themselves as DWs without producing any other witness in their defence.
(3.) HEARD Mr. J. M. Choudhury, learned Senior Counsel for the appellant in Criminal Appeal No. 01 (AP) 2008, Mr. T. Michi, learned counsel for the appellant in Criminal Appeal No. 05 (AP) 2007 and Mr. T. Siram, learned counsel for the appellant in Criminal Appeal No. 07 (AP) 2007. Also heard Mr. N. Lowang, learned Public Prosecutor appearing on behalf of the State of Arunachal Pradesh.;