JUDGEMENT& ORDER :

A. GUNESHWAR SHARMA, J.

1. The Present Cril. Appeal is filed against the Judgement and Order of conviction dated 18/12/2017 and Order of Sentence dated 20/12/2017 passed by the Ld. Addl. Sessions Judge (FTC) Crime Against Women, Manipur in S.T. (CAW) Case No. 3 of 2017 convicting the Appellants under Section 376 -D of the Indian Penal Code and sentencing the 1st Appellant to undergo rigorous imprisonment for life with fine of Rs. 10,000/- (Ten Thousand) only and the rest 2(two) Appellants to undergo rigorous imprisonment for a period of 20 years and a fine of Rs. 5,000/- (Five Thousand) each and in default of payment of fine the accused have to undergo 3(three) months simple imprisonment.

2. The prosecution story is that on 23/01/2014 at about 1pm, the complainant namely Ashang Kasar lodged a written complaint stating that on 22/01/2014 at about 1 or 2 pm, his niece Miss X (name withheld) came from Mantripukhri Bazaar. When she reached at Lamlongei, the three persons came and kidnapped his niece and later raped her in Lamlongei jungle. Accordingly a regular case being F.I.R No. 04(1)2014 HNG-PS, 376/34 IPC was registered and after investigation, charge sheet was submitted.

3. The charges were framed against the accused persons (the present Appellants) under Sections 109/354/376/384 & 34 IPC on 24/07/2017. Later on 08/12/2017, the trial Court altered the charges from Sec 376/34 IPC to 376-D, IPC by invoking the provision u/s 216 CrPC after due consideration of the materials on record and hearing of the Ld. Spl.P.P. as well as Ld. Defence counsels.

4. During the course of the trial, the trial court examined 13 prosecution witnesses and exhibited various documents.

5. Examination of PWs (Extract of few important depositions)

(i) . Md. Allimuddin (Constable No. 10D0688) was examined as P.W1. He has deposed that on 24-01-2014 at about 2:00 PM he along with the police personnel of Hng. P.S. led by SI Ksh. Nareshkumar of Hng. P.S. went to Forensic Medicine science, RIMS. The I.0. of the case SI ksh. Nareshkumar of Hng. P.S. seized (1 ) One Plastic tube containing vaginal Swab (2) One plastic tube containing urethral Swab on production by Dr. Kh. Pradipkumar of Forensic Medicine, RIMS by preparing a seizure memo in which he put his signature on the seizure memo as a seizure witness after knowing the contents fully.

The P.W. No. 1 further deposed that on the same day at about 2 PM SI Ksh. Nareshkumar of Hng P.S. seized (1) One plastic tube containing penile swab (2) one plastic tube containing urethral swab (3) one EDTA tube containing sample of blood on production by Dr. Kh. Pradipkumar of Forensic Medicine, RIMS by preparing a seizure memo in which he put his signature on the seizure memo as a seizure witness after knowing the contents fully. The P.W. no. 1 also identified the seized articles.

The cross examination to the P.W. no. 1 are mere denials.

(ii) . Shri Mutum Hemanta Singh was examined as P.W.no. 2. He has deposed that in the year 2014 he was posted at Hng. P.S. as a constable. He knows the accused persons who were sitting in the dock. On 24-01-2014 at about 2 PM he along with the police personnel of Hng. P.S. led by SI Nareshkumar Singh went to Forensic Medicine Dept. RIMS when they reached at FM Dept. RIMS the I.O. of the case SI Naresh Singh seized (1) one plastic tube containing penile swab (2) one plastic tube containing Urethral Swab (3) one EDTA tube containing sample of blood on production by Dr. Kh. Pradipkumar of Forensic Medicine, RIMS by preparing a seizure memo in which he put his signature on the seizure memo as a seizure witness after knowing the contents fully. The P.W. no. 2 also identified the seizure memo and M.Os.

(iii) . Shri Kshetrimayum Nareshkumar Singh was examined as P.W. no. 5. He is the first I.O. of the case and he deposed that he knows the accused persons who are now sitting in the dock. The P.w. 5's deposition is that on 23-01-2014 at about 1 pm complainant (P.W. no. 6) made a written r