ABDUL JALIL Vs. STATE

JUDGEMENT

(1.) This appeal is at the instance of the convict (hereinafter referred as the appellant) and is directed against judgment and order of conviction dated 12.4.2000 passed by the learned Sessions Judge, Andman & Nicobar Islands at Port Blair.

(2.) The facts leading to the prosecution of the appellant are that the husband of the information (Janki Amma) i.e. the informant/prosecutrix, used to work in the Andaman Labour Board and about 9-30 P.M. on 18.7.96, the said husband of the informant went out of his residence to join his night duty. Soon thereafter the informant along with her four children went to sleep. Subsequently, at about 11-30 p.m. someone knocked front door of her house and on hearing the same PW-1, Janki Amma switched on the electric light and asked as to who was at the door whereupon one Surya who happens to be her neighbour, told that some person has come to their house and requested to give him shelter as police was chasing that person. On such request made by Surya, PW-1 opened her door and the said person who was unknown to her entered inside the room of PW-1 when PW-1 asked him as to why he had come there when her husband was away from the residence. The said person put off the electric light which the victim immediately put on and at that time the said person pulled off her saree and blouse and again put off the light. PW-1 tried to call the neighbouring house by raising alarm, but she was overpowered and as such none came to her rescue. The said unknown person who subsequently disclosed his name as Abdul Jalil i.e. the appellant pressed her breast, torn her blouse, removed her wearing apparele committed rape on her when PW-1 could not resist as the appellant pressed his hand on her mouth and so there was no scope for her raising any alarm. The prosecution case is that penetration was complete and thereafter the appellant left the place threatening her that if she discloses the incident to anybody he would kill her and also her children. Thus, PW-1 could not dare to go outside her room during the dead hours of night and on the following morning when her husband landlady i.e. P.W.-2 Smt. Urmila had narrated the incident. A First Information Report was lodged with Inspector In-Charge, Chatham P.S. and thus the law was set in motion, investigation commenced and it ended in a charge sheet disclosing offence punishable under sections 376/451/506 of the Indian Penal Code.

(3.) The charge sheet having been submitted before the Court of Chief Judicial Magistrate, Andaman & Nicobar Islands, the learned Chief Judicial Magistrate committed the case to the learned Court of Sessions as it is a case exclusively triable by the Court of Sessions.