Man sentenced to 14 years rigorous imprisonment
Source: The Sangai Express
Imphal, August 04 2015:
In a landmark judgment, Sessions Court, Imphal East today sentenced a rape convict to14 years rigorous imprisonment along with a fine of Rs 26,000.The convict has been identified as Laishram Joykumar 44 s/o L Tomba of Tangkham Awang Leikai.
Sessions Court, Imphal East Judge A Guneshwar Sharma announced the sentence under Section 376 (L) (committing rape on a physically and mentally unstable woman) and Section 448 (punishment for trespassing) during today's sentence hearing.
Joykumar was produced before the Court under Sessions trial case number 5 of 2014 of FIR reference number 71 (10) 2013 of Heingang police station under Section 376 and 448 IPC.
Joykumar was convicted by the Court in the final hearing held on July 31 but the quantum of the penalty was spelt out today.
During today's sentence hearing, Special Public Prosecutor A Sushila Devi appealed the Court to award maximum punishment on Joykumar to send out a strong message to the society as the convict had committed a heinous crime of raping a mentally retarded woman, who is also his close relative.
On the other hand, defence counsel AK Somorendro pleaded the Court to minimise the punishment and fine as the convict has been spending time in the jail since 2014 .
The defence counsel also told the Court that the convict's family would not be able to bear a huge fine amount.
He also told the Court that there is no material on record to show that the convict is a habitual sexual offender as alleged in the depositions of prosecution witnesses and the offence committed by the convict was his first offence and he has a family to maintain.
After perusing the arguments, the Court observed that the victim and convict are close relatives and the victim is a mentally retarded person.
The Court also observed that the convict has committed the offence of house trespass with an intention of committing rape.
Accordingly, the convict has to go undergo rigorous imprisonment for a period of one year with a fine of Rs 1000 in default of which the convict has to go simple imprisonment for three months under Section 448 .
The Court further observed that the convict is also found guilty of committing offences under Sub-Clauses (f) and (I) of Section 376 .
The convict is a first time offender, however he had committed rape on a close relative who is also mentally retarded person, who had confidence in him.
Under this Section, Joykumar was sentenced to rigorous imprisonment for 13 years with a fine Rs 25,000 and in case of default of which the convict has to go undergo simple imprisonment opf another 2 years.
The Court decreed that both the sentences are to run concurrently as the convict is in the custody since October 14, 2013 and he has already undergone imprisonment for a period of 642 days as an under-trial prisoner.
As such, 642 days shall be set off as per the provision of Section 428 of CrPC.
The Court also directed that this total amount of Rs 26,000 must be handed over to the victim as a compensation for the loss and injury caused to her.
The Court also observed that the victim requires constant monitoring and counselling as she not only belongs to a poor family and but is also a mentally retarded person with poor health.
Further observing that the victim has not been adequately compensated, the Court directed the State Government to provide adequate compensation to her under appropriate schemes.
If there is no existing scheme then the State Government may formulate the same for the welfare of victims of sexual assaults and others crimes,
the Court observed.
Soon after the announcement of the sentences, the convict started weeping inside the Court room.
Later, when he was brought out of the Court room, womenfolk of the victim's locality tried to attack him.
However, police took him inside the prisoner's van fast and sped away.
Speaking to reporters at her chamber, Special Public Prosecutor A Sushila said that today's sentence was one of the longest imprisonment periods awarded to any convict in Manipur.
She further said that the rape case occurred on October 11, 2013 at Tangkham Awang Leikai under Heingang police station while the trial of the case began in March 2014 .
During the trial, 16 prosecution witnesses and four defence witnesses deposed before the Court.
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