HARICHARAN SINGH Vs. THE STATE

JUDGEMENT

(1.) CHALLENGING the legal acceptability of the judgment dated 18.9.15 passed by the learned Sessions Judge, A & N Islands, Port Blair in connection with Sessions Case No. 81 of 2011, the convict/appellant has applied under Section 374(2) of the Cr.P.C. contending, inter alia, that the impugned judgment suffers from serious illegality and the learned Sessions Judge failed to appreciate that the prosecution failed to establish any of the ingredients of Section 376 IPC. Accordingly, he has prayed for his acquittal.

(2.) THIS Court is not oblivious to the guidelines of Hon'ble Apex Court that anonymity of the victim must be maintained and so henceforth we shall use the term "victim" instead of using her real name. The prosecution's version sans unnecessary details is that on 02.7.2010 at or about 1.30 p.m. while the victim was sitting on the floor of front room of her house, the appellant, a resident of Lalpahar, suddenly entered her house, caught hold of her and forcibly took her to an adjoining room. She tried to raise an alarm but the appellant gagged her mouth by his hand and pinned her down on the cot. Due to such jostling her bangles were broken and she sustained injuries on her hand. The victim claimed that the appellant undressed her and committed rape upon her. When she again tried to raise an alarm, the appellant tried to strangle her and threatened that she would face dire consequences. She became unconscious. At or about 3 p.m. her husband came and sprinkled water over her face and at that time she regained her senses. She ventilated the ill episode to her husband who called her sisters to come to his house and thereafter the FIR was lodged by or about 4.30 p.m.

(3.) PURSUANT to the charge -sheet filed by the I.O, learned Sessions Judge has framed the charges under Section 451/376/506 IPC. The appellant wanted to face the trial by not pleading guilty. The learned Court below had recorded the evidence, considered the documents, injury report, CFSL report and thereafter has held the appellant as guilty. After hearing the accused on the point of sentence, the learned Court below sentenced the appellant to suffer rigorous imprisonment for eight years along with a fine of Rs. 3,000/ -; in default of payment of the fine, to suffer simple imprisonment for six months for the offence under Section 376 IPC. The learned Court below also passed a sentence against the appellant for the offence under Section 451 IPC for a period of two years and also to pay fine of Rs. 1000/ -; in default, to suffer simple imprisonment for three months more.