Shri R. David vs State Of Manipur
2025 Latest Caselaw 61 Mani

Manipur High Court

Shri R. David vs State Of Manipur on 10 July, 2025

Author: Ahanthem Bimol Singh

Bench: Ahanthem Bimol Singh

SHAMURAILATPAM SUSHIL                  Digitally signed by SHAMURAILATPAM
                                       SUSHIL SHARMA
SHARMA                                 Date: 2025.07.11 18:05:12 +05'30'


                          IN THE HIGH COURT OF MANIPUR
                                    AT IMPHAL

                                 Crl.Rev.P. No. 13 of 2018

                 Shri R. David
                                                     Petitioner
                                           Vs.
                 State of Manipur

                                                    Respondent

                                    Clubbed with Crl.A. No. 6 of 2018
                                 With Death Sentence Ref. No. 1 of 2018
                                  With MC(Crl.Rev.Pet.) No. 10 of 2024

                                 BEFORE
         HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
             HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

                                          ORDER

(K. Somashekar, C.J.) 10.07.2025 Learned senior counsel Mr. L. Shashibhushan for the

petitioner in Crl.Rev.Pet. No. 13 of 2018 is present before the Court

physically. Similarly, the learned senior PP Mr. RK Umakanta for the State

of Manipur in Crl.Rev.Pet. No. 13 of 2018 is present before the Court

physically.

In this criminal revision petition, the learned senior counsel

for the petitioner has taken us to the juvenility of the person in question

under Section 9 of the Juvenile Justice (Care & Protection of Children),

Act, 2000 and Rule 12 of the Juvenile Justice (Care & Protection of

Children), Rules, 2007. This criminal revision petition has been connected

1|Page with the proceeding in Crl.A. No. 6 of 2018 but this appeal has been

preferred by the appellant and whereby challenging the judgment and

order of conviction rendered by the trial court dated 30.07.2018.

Whereas in the proceeding in Death Sentence Ref. No. 1 of

2018 is relating to confirmation of death sentence awarded to the accused

under Section 366 of Cr.P.C.

These are all status interconnected with the judgment and

conviction order rendered by the trial court but reference was made

keeping in view the provision of Section 366 of the Cr.P.C.

Whereas the learned senior counsel for the petitioner in this

matter is submitting the list of dates. At Sl. No. 15 of the list of dates, it is

indicating that accused was examined under Section 313 of Cr.P.C. and

charges under Section 376 of the IPC was dropped and thereby fixing

27.07.2018 for final argument.

However, keeping in view the submission made by learned

senior counsel for the appellant/accused and inclusive of the learned

senior PP in these matters, it is deemed appropriate that the learned senior

PP be directed to clarify the status of Section 376 of IPC read with POCSO

Act, 2012 and wherein charges were framed by the trial court and after

examining the accused under Section 313 Cr.P.C. which indicates that

dropping of the provision of Section 376 IPC read with POCSO Act, 2012

and therefore, learned senior PP be directed to clarify the status in this

2|Page matter to persuade that wherein there was a reference case made keeping

in view Section 366 of Cr.P.C. and also that the appeal has been preferred

by challenging the judgment of conviction rendered by the trial court for

the offences under Section 302 IPC which is indicating in the operative

portion of the order.

List these matters on 18th July, 2025.

                        JUDGE                          CHIEF JUSTICE
Sushil




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