MD. DAROG ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned Counsel appearing for the convict appellant. Also heard Mr. K. Munir, learned Addl. Public Prosecutor, for the State of Assam'.

(2.) The convict appellant herein challenges the judgment and order dated 12.2.2007 passed by the learned Assistant Sessions Judge, Barpeta, in Sessions Case No. 165/2006 whereby he was convicted under Section 457/376, IPC and sentenced to undergo rigourous imprisonment for a period of 1(one) year under Section 457, IPC and sentenced to undergo rigorous imprisonment for a period of 7 years under Section 376, IPC. Both these sentences were directed to run consecutively.

(3.) It may be noted that the complaint petition was filed on 17.1.2006, i.e., after more than 16 days from the date of occurrence which took place on 31.12.2005. The prosecuyrix, as PW1, deposed that she was sleeping with her 2 minor children in her house in the night of the incident while her husband was away from home for his business. Taking advantage of absence of her husband, the appellant convict, at about 11 p.m. of 31.12.2005, entered into her house by breaking open the wooden door and forcibly raped her by gagging her mouth. While fleeing from the place of occurrence, the appellant convict also snatched away a golden chain from the victim woman's neck. The prosecutrix made a hue and cry after the accused left her house and upon hearing her cries, PW2 Fajila Khatun and her husband Bhumor Ali (PW3), neighbours, immediately came to her house. The prosecutrix told them about the incident. In the next morning also, she informed the said incident, to her neighbours. The village people suggested her to wait till return of her husband. After 3 days of the incident, the husband of the prosecutrix returned home. After hearing the incident, her husband convened village mel twice. In the first village mel, the appellant convict did not appear. In the second village mel which was conducted under the presidentship of Sri Dimbeswar Nath in the house of Hakim, the appellant convict appeared and admitted his guilt before the people present in the village mel. However, the village mel failed to provide justice to the prosecutrix and as such, she filed a complaint petition before the court of learned Chief Judicial Magistrate, Barpeta. In cross-examination, the prosecutrix stated that she did not lodge any FIR with the police station. The prosecutrix also stated that after the arrival of his husband at home, the appellant convict attempted to assault him (her husband) and instituted a case against her husband. According to her, their minor sons aged about 8 and 7 years respectively, who were sleeping with her in that night were not aware anything about the occurrence. The prosecutrix further stated that she did not go to any Doctor for medical examination. She also stated that she had shown the broken wooden door to the villagers.