(1.) These applications have been filed by the petitioners-accused under Sec. 439 Cr.P.C. seeking to enlarge them on bail in connection with FIR No.17(3)2022 registered under Ss. 376(D)/34, altered under Sec. 376(2)(g)/34, altered under Sec. 376(2)(h)/34 IPC on the file of the Women Police Station, Imphal West.
(2.) Since both the applications arise out of the same FIR, they are heard together and disposed of by this common order.
(3.) The case of the prosecution is that on 10/3/2022 the complainant lodged a complaint to the Officer-in-Charge of Women Police Station, Imphal West stating that on 8/3/2022 at around 3.30 p.m., while the complainant was living alone in her room, two unknown persons masked with clothes came inside her room and forcibly covered the complainants' mouth, tied her hands and legs by small shawl taken from the hanger and they forcibly raped her. After committing rape, the two persons threatened her by keeping a knife on the belly of the complainant saying not to disclose the incident to anyone otherwise they will kill her. The complainant tried to shout, but she was overpowered by them. Later, the two persons left the complainant without releasing her from binding. She could not report the incident on time due to fear of threatening by the two persons. Thereafter, on 10/3/2022 the complainant went to the Women Police Station, Imphal West and lodged a complaint. Based on the complaint, a case was registered under FIR No.17(3)2022 WPS-IW U/s.376(2)(g)/34 IPC. Later, the charge sec. has been corrected as Sec. 376(2)(h)/34 IPC.