AFFAI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order of conviction and sentence passed by the learned Sessions Judge at Port Blair on 17.12.92 in Sessions Case No. 5 of 1991 before him.

(2.) The accused-Appellant Affai had been tried by the learned Sessions Judge for having allegedly committed rape on Kumari Minoti Dhali at Tugapur No. 2, within P.S. Maya Bunder, on the 20th day of August, 1988, punishable under section 376, I.P.C.

(3.) Shortly put, it is the prosecution case that the P.W. 1 Minoti Dhali, a teacher of Anganwadi at Tugapur, within P.S. Mayabunder, had been returning back home from her school on 10.8.1988 mound 1-30 P.M. Geeting down from the bus at Lal Tikri crossing she was proceeding along the Block Road. Reaching near the culvert on the way to her house, she had heard a sound from behind ; and turning back could find the accused Affai, a resident of Tugapur No. 1, proceeding towards her along the pathway. She started proceeding ahead, and the accused quickened his pace and came closer to her. He asked her whether she had been Appuji. She had replied in the negative. But the accused Affai went closer to her just by her side. She moved to the right on the edge of the path. The accused tried to catch hold of her, who had moved backwards. He had thereafter gone to her and held her arms with his hands whereupon she had cried saying 'Bachao, Buchao.' But there was none to come to her rescue. The accused pushed her and she had fallen on the bush by the side of the road. As she had fallen down, the accused had sat upon her and strangled her holding her nech with his hands. He had then started pressing her breast violently with one hand holding her neck by the other. He tore away her blouse and brassier, pulling those with force, and had violently bit her left breast with his teeth and had committed rape on her against her will and despite her protests. The victim Minoti had thereafter started running away towards Lal Tikri. Proceeding a little distance ahead, she met one Bobia Bai and Phookmani Mahali, and holding Bobia she cried trembling and had stated to them that tire accused Affai had committed rape on her. The accused fled away towards the jungle saying that he had done nothing to her. Bobia had thereafter taken her (Minoti) to her house. Nepal Thakur of Tugapur No. 2 was returning to his house from Tugapur No. 1 around that time, and was called by Bobia, who had requested him to take Minoti to her house, which be did. Reaching her house, Minoti at first did not tell her mother about the incident out of shame and hatred but had been weeping all the time. On repeated enquiries from her mother she narmted the incident to her around 8 or 9 at the night on that day (20.8.88). Owing to heavy rains she could not go to the police station on 20.8.88 or an 21.8.88. She went to the police station on the following day, i.e. on 22.8.88, alongwith her brother Shankar Dhali and had lodged the F.I.R. at about 10-40 hours.