MOHAMMED ALIF LAILA Vs. STATE

JUDGEMENT

(1.) This appeal is filed against the judgment and order of Sessions Case No.15/2009 which was pending in the Sessions Court, North Goa, Panaji. The Learned Additional Sessions Judge, Panaji has convicted and sentenced the appellant for the offences punishable under sections 376 and 506 of I.P.C. The maximum sentence of imprisonment given is 10 years. Both sides are heard.

(2.) In short, the facts leading to the institution of this appeal can be stated as follows:

(3.) The incident took place on the night between 27/12/2008 and 28/12/2008 when the prosecutrix was sleeping in the fish market after midnight. The accused came there and he removed the blanket which was taken for covering herself by the prosecutrix. The prosecutrix woke up and she noticed the accused. When the prosecutrix questioned the action of the accused and she said that she would call the police, the accused said "main police hun". Thereafter, the accused raped the prosecutrix when she was lying on the platform of Panaji market by using force. When she tried to shout for help, the accused kept his hand on her mouth and prevented her from shouting. After doing the act, the accused went away and returned to the prosecutrix within few minutes. Then he gave threat that he would teach her a lesson stating "Maim tumko dikha doonga"