Rape accused convicted
Source: The Sangai Express

Imphal, August 04 2017: Special Judge POCSO Imphal West, Maibam Manojkumar Singh, today convicted a 42 year old man, Chanambam Brojen under section 8 of POCSO Act and fixed August 7 for sentence hearing to announce the quantum of punishment .

The conviction order of the accused Chanambam Brojen (42) s/o Bihari of Ngairangbam Makha Leikai was announced in an open Court after it was kept on reserve after the final argument and comes one year after the death of the victim girl .

During the final argument hearing of the case on July 20, the Additional Public Prosecution (APP) of the State, A Nilachandra, stated that the prosecution witness of the case, the accused's wife, clearly deposed in her statement that while she and the victim were sitting together near her kitchen, her husband suddenly embraced the victim from behind and pulled the victim to the bed after which she hit her husband's head with a pitcher (Sanabun) and escaped along with the victim .

The APP also stated that after the incident, the victim began to have psychiatric problems due to which she could not be examined and she expired on July 28 last year, during the duration of the case .

However the victim had given her statement before the Investigation Officer (IO) and then before the Chief Judicial Magistrate Imphal West .

The APP also submitted that the victim had clearly stated before the IO and the CJM Imphal West that the accused had touched her private parts and this proved beyond reasonable doubt that the accused had committed penetrative sexual assault as well as sexual assault and prayed for conviction under section 4 and 8 of POCSO Act .

Advocate Rabi Khan, defense counsel of the accused, submitted that during the cross examination of prosecution witnesses, they had stated that there was no criminal record against the accused and that there was no such kind of sexual assault by the accused.

The defense counsel also submitted that the statement of the accused wife as prosecution witness who is said to be the eye witness of the case, falsely implicated her husband for not allowing her to go to her parental home and that there was no incident of sexual assault .

After hearing both the counsel, the Court reserved the judgement order and today convicted the accused under section 8 of POCSO Act.

It may be mentioned that the written complaint against the convicted accused was filed by the father of the victim on April 12, 2012, at around 12.30 pm, stating that on April 4, that year, at around 2.30 pm, his daughter went to take money from the accused Chanambam Brojen of Ngairangbam Makha Leikai and while eating paan, he embraced her daughter from behind and squeezed her neck with an intention to outrage her modesty .

After registering a regular FIR case, the investigation of the case was carried out by G Ketty Sharma, woman Sub Inspector of Patsoi police station and arrested Brojen .

After the completion of the investigation of the case, the IO submitted charge sheet against the accused under section 4 and 8 of POCSO Act 2012 before the then Special Judge POCSO Manipur East and the charge was framed 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 District and Session Judge Manipur East as District and Session Judge Imphal West and Imphal East .

Altogether 13 prosecution witnesses were recorded and cross examined during the four year long trial.

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