In re Proper, Effective & Timely vs State Of Manipur & Ors

R.S., CJ

This suo motu PIL has been initiated by this Court based on reports where it is alleged that a 35 year old woman of Churachandpur district is reported to be gang raped by unknown people and that the victim is a physically and mentally challenged person. Besides, other reports of gang rapes have been reported within the jurisdiction of Mayang Imphal Police Station and therefore, notice was issued on 23.3.2018. Based on the orders of the Court, affidavit has been filed by the 3rd respondent through the learned Advocate General and thereafter the following was passed on 09.5.2018:-

"Heard Ms. Ayangleima, learned Amicus Curiae as well as Mr. N. Kumarjit, learned AG for the State.

On the basis of the affidavit filed by the respondent No. 3, learned Amicus Curiae has made some verification on her own. She submits that as regards the case under FIR No. 1(3) 2018 WPS-CCP u/s 363/342/376 (2) (j)(i) 376-D/34 IPC, she tried to interact with the victim by going to Churachandpur herself. However, she could not meet the victim as the victim was stated to have left for her native village, Yandam village. However, she could interact with the brother of the victim who informed her that after the incident, no statement of the victim has been recorded by the Investigating Agency under Section 164 Cr.P.C, which is required to be done.

In view of the above, we are of the opinion that the Investigating Officer must record the statement of the victim as provided under Section 164 Cr.P.C. Since the victim is stated to be a mentally challenged person, as mentioned in the letter dated 2-4-2018 of the Superintendent of Police, Churachandpur, a copy of 2 which has been annexed as Annexure P/1 of the affidavit of the respondent No. 3, the Investigating Agency will ensure compliance of sub section 5-A of Section 164 Cr.P.C. In other words, while recording the statement of the victim, who is said to be mentally challenged, it should be done with the assistance of an interpreter or a special educator as the case may be, and also videograph the same as provided under provisos 1 and 2 of the aforesaid sub section 5-A of Section 164 Cr.P.C. Since recording of statement should be taken at the earliest possible occasion, and since more than a month has lapsed after the occurrence of the incident, the Investigating Authority shall do the recording of the statement of the victim at the earliest, preferably within one week from today.

As regards another case, which has been mentioned in the affidavit of the respondent No. 3, Ms. Ayangleima, learned Amicus Curiae also submits that she had gone to Uchiwa to meet the victim relating to FIR No. 13(3)2018 u/s 354/498/120-B/34 IPC of Mayang Imphal PS whereby, she found that the victim and her family members had left the place because of social pressure. Though she could not meet the victim, she somehow managed to get the mobile number of the elder brother of the victim with whom she had some interaction when she was informed that because of the nature of the investigation carried out by the police, it was becoming very embarrassing for the family of the victim to remain in the place and accordingly, they had to leave the locality and are presently staying in a rented house somewhere in Imphal. Ms. Ayangleima submits that she has also been informed that the 3 police did not record the statement of the victim as required under Section 164 Cr.P.C.

We are of the view that, the Investigating Agency must, at the earliest opportunity, record the statement of the victim under Section 164 Cr.P.C, preferably within a period of one week from today and also ensure that investigation is done in a manner which does not cause any embarrassment to the victim as well as to the family members,

As regards the other case relating to FIR No. 85(7) 2017 City-PS u/s 354/354-A(1)(i)(ii) IPC, she has been informed that charge-sheet has been filed.

As regards the case mentioned in the affidavit by the respondent No. 3 regarding FIR No. 7(2) 2018 WPS, BPR u/s 376/324/506 IPC, because of paucity of time she could not make any contact with the victim and accordingly, prays that she may be granted some time to make necessary verification of the status of the case. She may do so within a week.

Ms. Ayangleima, learned Amicus Curiae also has referred to the case under FIR No. 56(4) 2005 u/s 376/120-B IPC. As regards this case, it has been stated in the affidavit of the respondent No. 3 itself that, the investigation is complete and the case record is under scrutiny to find out any defect for submission before the concerned Court.

We are of the view that, since the incident is of 2005, the respondent authorities must expedite the process so that necessary charge-sheet can be filed, which exercise shall be 4 undertaken by the authority within a period of two weeks from today.

As regards FIR No. 232(7) 2014 TBL PS u/s 376/417/506 IPC, Ms. Ayangleima, learned Amicus Curiae submits that she has been informed that the trial has been concluded and the accused has been convicted and is presently undergoing sentence.

Having considered the materials on record, we are of the view that the Investigating Agencies must record the statements of the victims under Section 164 Cr.P.C as referred to above at the earliest preferably, within a period of one week.

We also require the respondent No. 3 to monitor these investigations so that the respondent No. 3 may file an updated affidavit for which, 10 (ten) days' time is granted.

List the matter again on 23rd May, 2018.

Copies of this order may be furnished to the learned AG as well as to the Amicus Curiae.

The Amicus Curiae may also verify the other cases by the next date and she may be paid the necessary fees and other incidental charges by the High Court of Manipur from the funds released by the State Government."

After certain adjournments, the learned Advocate General produced the details of the status of cases relating to crime against women. The status report filed on 14.11.2018 before this Court is as follows:-

"Status of 6(six) FIRs involved in this present PIL

The Directorate of Prosecution, Government of Manipur after scrutinized the records, despatched the three FIRs which were pending in the Department for onward submission to the concerned Trial Courts. (Intimated vide letter dated 12-09-2018, Annexure-X/1)

The three FIRs are -

(i) FIR Case No.7(2) 2018 WPS, BPR U/S 376/324//506 IPC

(ii) FIR Case No.85(7) 2017 City PS U/S 354/354-A(1)(i)(ii) IPC

(iii) FIR Case No.56(4) 2005 TBL PS U/S 376/120-B IPC .

In respect of one FIR Case No.232(7) 2014 TBL PS u/s 376/417/506 IPC, trial completed and accused was convicted. (Intimated vide Letter dated 24-07-2018, Annexure-X2).

As regards the remaining two FIRs, report fo the Forensic Science Laboratory is awaiting. Final Form of the case will be submitted as and when report is received. The FIRs are

(i) FIR No.1(3) 2018 WPS-CCP U/S 363 /342 /376 (2) (j) (i)/376-D/34 IPC.

(ii) FIR Case No.13(3) 2018 MIPS U/S 354/498/120-B/34 IPC."

Thereafter, when the matter is listed today, the learned Advocate General produced a letter of the Superintendent of Police, Bishnupur District dated 10th December, 2018 relating to FIR No.7(2)2018 WPS, BPR u/s 376/324/506 IPC which is quoted as under:-

No.C-5/66/SP-BPR/2018

GOVERNMENT OF MANIPUR

OFFICE OF THE SUPERINTENDENT OF POLICE, BISHNUPUR DISTRICT, MANIPUR

To, Bishnupur, the 10th December, 2018.

P.Tamphamani Singh,

Junior Govt. Advocate to

The Advocate General of Manipur, Imphal.

Subject:- PIL No. 11 of 2018

In Re: Proper, effective and the timely investigation of cases relating to Crime against Women

-Vs-

The State of Manipur & ors.

Ref:- FIR No.7(2)2018 WPS, BPR u/s 376/324/506 IPC.

Sir,

With reference to letter No.1/AG/2018/PIL/11-2018(C) dated the 29th November, 2018 and read with PHQ Endst. letter No. V/2(20/H)PHQ-2018/4428 dated the 4th December, 2018 on the above cited subject, I am to submit herewith the required status report of the above referred FIR cases in respect of Bishnupur District as follows:-

The charge sheet of the above referred FIR case was submitted to the concerned Court i.e. Chief Judicial Magistrate, Bishnupur on 13.9.2018 by the Addl. Supdt. Of Police (Prosecution), Manipur for trial. OC/Women-PS, Bishnupur visited to the Court, Bishnupur and found that the case was referred to District Sessions Judge, Bishnupur on 12/11/2018 as the case is Session Trial. The charge frame hearing of the accused to be held on 10/12/2018 by the District Session Judge, Bishnupur.

Encl:- As above.

Yours faithfully,

Sd/-

(Hopson Sapam)

Superintendent of Police,

Bishnupur District, Manipur"

as well as the detailed report in FIR No.1(3) 2018 WPS-CCP u/s 363/342/376(2) (j)(l)/376-D/34 IPC as under:-

"DETAILED REPORT

Ref: FIR No.1(3) 2018 WPS-CCP u/s 363/342/376(2)

(j)(l)/376-D/34 IPC

P.O.

:

Nguljen veng, Churachandpur

D.O.

:

17/03/2018 at@ 7.45 PM

D.R.

:

02/09/2017 at 04.00 a.m.

Police Station & District

:

Women Police station, Churachandpur District.

Name of Complainant

:

Mr.Kaitonlouh Suantah (23 yrs.) s/o Vialhauthang Suantah of Nguljen Veng, Churachandpur.

Name of accused persons

:

Mr. Ginhaulian Tungnung (19 yrs) s/o Nengzagin of Sangaikot, Churachandpur.

Mr. Bensiem Gangte (30 yrs.) s/o Jangpu Gangte of Gangte veng, Churachandpur

Mr. Marminlal (26 yrs) s/o (L) Seizalam Kilong of Thadou veng, Singat, Churachandpur."

In the second FIR, it is stated that FSL report has been received and the case has been forwarded to the competent Court by way of charge sheet. Since the respondents have already taken up all the cases on priority basis and completed the investigation and had filed charge sheet in some of the cases and have undertaken to file charge sheet in rest of the cases within the month of January, 2019, we record the steps taken by the State and police ably assisted by learned Advocate General in providing justice to the victims through the medium of Court and with this, we record the action taken by the respondents and the Public Interest Litigation stands closed.