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Supreme Court of India 2019-04-30 partly_allowed

Thongam Tarun Singh vs State of Manipur

Bench: 2 — R. Banumathi

In Brief

Two men were convicted of gang rape under Section 376(2)(g) IPC and criminal conspiracy under Section 120-B IPC after forcing an intoxicated soft drink on a 16-year-old victim and committing rape. Although charges were technically framed only under Section 376 (not the specific subsection 376(2)(g)), the Supreme Court held that the conviction could stand under Section 464 Cr.P.C., as evidence clearly established gang rape with no prejudice to the accused. The Court affirmed the convictions but reduced sentences from 15 and 10 years to 8 years (concurrent), citing the appellants' lack of criminal history, good jail conduct, and young age at the time of the offence as adequate and special reasons warranting sentence reduction.

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Criminal Law Sexual Offences Gang Rape Sentencing Criminal Procedure Charge Framing

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