Rape accused sentenced to five years rigorous imprisonment
Source: The Sangai Express

Imphal, August 11 2017: Special Court POCSO Imphal West has sentenced a 42-year-old rape accused, Chanambam Brojen, to five years rigorous imprisonment for raping a minor girl.

Chanambam Brojen s/o Ch Bihari of Ngairangbam Makha Leikai was convicted by the Special Judge, POCSO Imphal West, M Manojkumar, on August 4 after he was produced before the Court for sentence hearing.

The Court heard the APP of the State, A Nilachandra and Advocate Kanta, he defense counsel of the convicted accused.

The APP submitted that the accused was convicted for committing sexual assault on the victim girl and the victim herself had expired during the course of the trial and thus the crime committed by the accused is a serious offence and submitted a prayer for sentencing the accused to a maximum sentence of five years imprisonment' with fine for committing the offence.

Advocate Kanta, defense counsel of the accused, on the other hand contended that the accused is a person having a wife and two minor children and had no bad moral character and prayed for sentencing the accused to the period that he had already undergone in Sajiwa jail as he had been in Judicial custody for about three years and three months.

After hearing the submissions, the Court ordered Chanambam Brojen to be sentenced to five years rigorous imprisonment and to pay a fine of Rs 10,000 and further ordered that in default of payment of fine, the convict has to undergo three months simple imprisonment.

The Court ordered the fine to be deposited by the accused to the Court forthwith and the said amount be given to the father of the victim.

According to the order, the period in Judicial custody already undergone by the accused during the period of investigation as well as during the trial will be set off from the sentence awarded.

The Court recommended providing the victim compensation scheme and directed the .Member Secretary of Manipur State Legal Service Authority to do the needful.

The Court also recommended providing a compensation of Rs 50,000 from the Financial assistance and Support scheme to the victim of rape, a scheme for retrospective justice, launched by the Ministry of Women and Child Development, Government of India to the dependent of the deceased victim.

It may be mentioned that the father of the victim filed a complaint against the accused on April 5, 2012 at around 12.30 pm stating that on April 4, at around 2.30 pm, his daughter went to take money from the accused, Chanambam Brojen (42) s/o Bihari of Ngairangbam Makha Leikai and while she was eating pan with the wife of the accused at the residence, Brojen embraced her from behind and squeezed her neck with an intention to outrage her modesty.

After registering a case, the investigation was carried out; by G Ketty Sharma, Women Sub Inspector of Patsoi po lice station and arrested the accused.

After the completion of the investigation of the case, the IO submitted a charge sheet against the accused before the then Special Judge POCSO Manipur East and charge was framed against Brojen on; January'23, 2013 .

The case was then transferred during the stage of examination of prosecution witness from Special Judge POCSO Manipur East after the bifurcation of District and Session Judge Manipur East; as District and Session Judge Imphal West and Imphal East.

All together 13 prosecution witnesses were recorded and cross examined during the four year long trial of the case.

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