LAKHI RAM GAWALA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction for life and to pay a fine of Rs. 3000/- i.d. to suffer rigorous imprisonment for a further period of 6 months passed by Shri M.M. Sarkar, the learned Sessions Judge, A&N Islands, Port Blair in Sessions Case No. 10 of 2001 against the convict/appellant Lakhi Ram Gawala.

(2.) The short facts leading to the prosecution of the present convict/appellant are as under: One Smt. Lalita Kumari, daughter of the present convict/appellant came to the Police Station and narrated the information before the police which was reduced into writing and after the writing was made complete the same was read over and explained to her and thereafter she put her signature on the same after being satisfied that the same was correctly written.

(3.) In the First Information Report it was alleged that the defacto-complainant then aged about 12 years, alongwith her brothers used to reside with their parents in their house at Hutbay in Little Andaman and her father was a Mahaut of Elephant of the Forest Corporation at Hutbay earlier and subsequently became a tree feller under the same Corporation and their mother Smt. Sumathi Bai was also working as Labourer (Private) near Hutbay school. It was further alleged in the FIR that her mother sometime used to come home early and sometime she used to come home late and thereupon her father used to abuse and scold her mother complaining about her late coming. In reply her mother used to say that due to heavy work she was compelled to come home late.