(1.) This is an appeal filed by the Government of Manipur against the judgment of acquittal dated 30.09.1964 of the respondent of the charges under Ss. 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 20.09.1963 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 20.09.1963, 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 21.09.1963, 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.
(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 S. 366 and 376 I. P. C. The Prosecution examined 12 witnesses to prove its case.
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