SHAMSAD ALI Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction dated 14.4.2003 passed by Shri N.N. Ghosh, learned Sessions Judge, Andaman & Nicobar Islands, in connection with Sessions Case No. 03 of 2000 corresponding to Sessions Trial No. 1 of January, 2002.

(2.) The learned Sessions Judge found the accused/appellant, Shamsad Ali, guilty of the offence committed under section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of seven years and also to pay a fine of Rs. 2,000/- in default to suffer simple imprisonment for a further term of six months.

(3.) The facts of the case in brief are that the accused/appellant was the brother's friend of the victim girl Ms. Saroj Minj and this was what opened the opportunity for the accused/appellant to have frequent visits at the house of the victim girl. Thus, on one of such occasions i.e. on 23.3.96 at night (in the deposition of the prosecutrix the time of commission of offence has been described as at 8.00 p.m. while in the FIR the time was shown as at 11.00 p.m.) when the prosecutrix was alone in the house only with the accused/appellant, the accused/appellant approached her for sexual intercourse which was refused by the prosecutrix, but she was forcibly pulled to their bed room whether despite resistance of the prosecutrix the accused/appellant committed rape on her. Thereafter, on another occasion i.e. on 25.3.96, in the absence of all the other members of the family, the accused/appellant did the same thing with the prosecutrix. On both the occasions, after the incident of sexual intercourse, the accused/appellant assured the victim girl not to be worried as he was going to marry her. Subsequently, the tentacles of the incident spread through a number of days, if not months in the culmination of giving birth of a female child by the prosecutrix.