SHRI ABDUL WAJID ALIAS BABLU Vs. THE STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Andaman and Nicobar Islands, Port Blair on July 23, 2014 and on July 25, 2014 respectively in connection with Sessions Trial No.18 of 2012 arising out of Sessions Case No.104 of 2011, by which the learned Judge of the Trial Court convicted the appellant for the offence punishable under section 376(2)(g)/34 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 4000/- in default, to suffer imprisonment for four months more.

(2.) The backdrop of conviction and sentence of the appellant is as follows: The victim Reema Majumder aged about 16 years and a student of Class XII of Government Senior Secondary School, Sabari Junction at Rangat came to Port Blair along with her mother and brother on May 29, 2011 for taking tuition during summer vacation of the school. She was staying in the house of her Aunt at Goalghar for the purpose of taking tuition and her mother and brother left for Rangat. The victim was introduced to the juvenile Chanpreet by their common friend, Sunny. On June 04, 2011 at about 1.00 p.m when the victim went out of house of her Aunt towards tuition centre, she met with the juvenile Chanpreet who was standing with a motorcycle near Nakshatra Inn at Goalghar. The juvenile Chanpreet offered the victim for riding motorcycle for a pleasure trip. The victim initially resisted, but ultimately succumbed to the pressure of the juvenile Chanpreet and accompanied the said juvenile as pillion rider to Marina Park near Rama Krishna Mission. The juvenile Chanpreet ultimately took the victim to the house of his friend Abdul Wajid alias Bablu (appellant) at South Point on the pretext of taking shelter from the rain. The juvenile Chanpreet came to the house of the appellant and the house was found to be under lock and key. The key of the padlock of the house was searched by the juvenile Chanpreet after having telephonic conversation with the appellant and opened the door and took the victim inside the house. The juvenile Chanpreet offered Pepsi to the victim and both victim and the said juvenile consumed Pepsi and thereafter the victim started suffering from dizziness and lost control of her body. The juvenile Chanpreet lifted the victim on the bed and made her naked. The juvenile also stripped off his own dress including his under garments and committed sexual intercourse with the victim in spite of her resistance.

(3.) The victim noticed that the present appellant was taking photograph of the naked body of the victim and the act of sexual intercourse. Thereafter, the appellant came inside the room, threatened the victim to circulate the obscene photographs and video of the victim through internet and wanted to have sexual intercourse with the victim. The victim tried to raise hue and cry and sought for help from the juvenile Chanpreet who was slapped by the present appellant. The appellant took the victim to another room latched the door from inside and held out threat by keeping knife on her neck and thereby committed sexual intercourse against the will and consent of the victim. The victim was asked to take bath and she did so and put on her dress. Thereafter, the juveninle Chanpreet asked the victim to ride the motorcycle. The victim was dropped near Rama Krishna Mission and she was given Rs. 30/- as auto fare for going back to the residence of her Aunt. The victim could not disclose this incident to her Aunt out of embarrassment and consumed phenyl for committing suicide on the next day.