The Session Judge, Imphal West on Thursday rejected the bail of two accused persons who were charged for allegedly raping a pregnant woman.
The two accused namely, Koijam Ajitkumar Meitei, aged about 35 years, son of K Nimai Meitei of Mana Ingkhol Mamang Leikai and Oinam Sanatomba Singh, aged about 42 years, son of O Nabakumar Singh of Kiyamgei Mamng at present Mana Ingkhol Mamang Leikai of Imphal West district prayed for bail under section 439 CrPC.
They were arrested in connection to a complaint case filed by a woman stating that on March 8, while she was living alone in her room, two unknown persons masked with clothes came inside the room and forcibly covered her mouth, tied her hands and legs with her chunni (small shawl) from the hanger (WOODEN PHIYAN) and forcibly raped her. Further, the two persons threatened her by keeping a knife on her belly saying not to disclose the incident to anyone or that they would kill her. She tried to shout but she was overpowered by them. Later, the two persons left the victim/complainant without releasing her from bond. She could not report on time due to fear of being threatened by the two accused persons.
Hence, a case was registered by police under FIR No. 17(3)2022 WPS-IW U/S 376(2)(g)/34-lPC. Later, the charge section was corrected as Section 376(2)(h)/34-IPC.
During the bail hearing, counsel of the petitioners submitted that the accused are not mentioned in the FIR and no such incident had been reported in the locality of Mana Ingkhol Village. The accused Ajit was implicated in the case and that there were political rivalries between the victim’s family and the family of the accused Ajit. The accused persons were arrested on mere suspicion, the counsel said.
Meanwhile, the PP submitted that the alleged incident, raping of a pregnant woman, is a heinous crime against the women community. It is submitted that an FIR does not always contain all the details but that Section 161 and 164 CrPC statements of the victim had been recorded. It is submitted that the victim did not mention the name of the accused persons at the time of report due to threat but revealed the name later on, the PP submitted. It is further submitted that the investigation is in full swing and that attempts were made to trace out the weapon (knife) and the KHUDEI which were used as masked by the accused persons while committing the crime. Efforts have also been made to collect more evidence. Hence, it is too early to consider the bail of the accused persons and thus prayed for rejecting the bail applications, the PP submitted.
The court, after considering the nature and seriousness of the allegation, stated that a proper and thorough investigation of the case is needed and as such, at this point, giving full hand to the investigating authority for enabling proper and thorough investigation is much necessary. In the situation, it is held that the investigation on the case must continue and therefore release of the present accused at this stage of investigation may hamper or adversely affect the furtherance of the same, the Court said thus rejecting the bail plea.