KHARA KAMIDI Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted by the trial Court under Ss. 366 and 376 of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced to undergo rigorous imprisonment for a period of seven years on each count. Further he has been convicted under Ss. 452 and 342, I.P.C. and sentenced to undergo rigorous imprisonment for three years and six months respectively. The sentences, however, have been ordered to run concurrently.

(2.) Prosecution case, in short, is that on 19-9-1993 at about 8.00 p.m. the appellant entered the house of the complainant being armed with a knife and dragged him outside by snatching hold of his hair and threatened to kill him if he shouted. The appellant forcibly took away his wife to his house, bolted the door from inside and committed rape upon her. After commission of rape, the appellant is said to have threatened the victim not to disclose the matter to others failing which she will be killed. The matter was reported by the victim to other villagers namely, Khara Piliku (P.W. 3) and Khara Sadhana (P.W. 13). The husband of the victim went to the house of the Head of the village and reported the matter, but nothing could be decided. So he had no other option than to lodge the F.I.R. at the police station.

(3.) The police after registering case, took up the investigation and on completion thereof, submitted charge-sheet. On receipt of the charge-sheet, learned Magistrate took cognizance and committed the appellant to the Court of Session to face trial.