SUBASH CHANDRA ADHIKARY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.11.2009 (signed on 2/12/2009) rendered by the learned Additional District and Sessions Judge, FTC, WZ, Yupia in Sessions Case No. 513/08 convicting the accused-appellant under Section 376(1) IPC and sentencing him to undergo R. I. for 7 years with fine of Rs.10,000.00 only and in default, further R. I. for 6 months.

(2.) THE prosecution story, in nutshell, is that on 26/3/2007, one Radha (real name withheld), aged about 20 years of Sangai Gaon village under P. S. Gohpur in the district of Sonitpur, Assam lodged an FIR stating that in the month of February, 2007 she was taken to the official residence of Sri S. C. Adhikari, a police officer as his maid servant. During her stay in the residence of Sri S. C. Adhikari, she was subjected to forcible sexual intercourse against her will and consent several times by him and she was kept in his official quarter by locking the door from outside when he used to go out or to his office. Unable to bear the sexual harassment, she fled away from his quarter. THE fact of sexual assault on Radha by Sri Adhikari came to light during investigation of Itanagar P. S. Case No. 73/07 under Section 365 IPC, which was registered on the basis of the written complaint lodged by Sri Adhikari at Itanagar Police Station on 06.03.2007 to the effect that a minor girl who has been staying in his official residence was missing from his quarter on 06.03.2007 and suspected to have been kidnapped by some unknown persons. In the course of investigation, the I. O. came to know that the victim returned to her house at her village on 25.03.2007 and on 26.03.2007, he brought her to Itanagar Police Station for recording her statement. She revealed before the police that she was not kidnapped by anybody but she left the residence of Sri Adhikari, accused-appellant at her own will due to intolerable sexual assault by Sri S. C. Adhikari. She was then forwarded to Judicial Magistrate, First Class for recording her statement under Section 164 Cr. P. C. In her statement, she stated before the Magistrate that during her stay in the residence of the accused-appellant, she had been sexually assaulted by Sri Adhikari as many as 5 (five) times against her will. On her such disclosure statement, a formal written complaint was obtained by the I. O. from Radha and the Itanagar P. S. Case No. 76/07, being the present case, under Sections 342/376 IPC, was registered on 29.03.2007 at 0900 hrs. THE I. O. examined Radha and recorded her statement, who stated that while she was staying in the official residence of the accused-appellant as a maid servant for more than a week, one night after dinner, while she was preparing to sleep, the accused-appellant entered in her room and made sexual advance. She resisted and protested and tried to raise alarm by shouting but she was overpowered and raped by him and thereafter, the accused-appellant continued to rape her, sometime in the night and even in the day time also. THE accused used to keep her confined in his house by locking the main door from outside when he used to go out for office or elsewhere. Due to this intolerable sexual assault, she fled away on 06.03.2007. On her way, she met a lady constable named Techi Nime, who was waiting for bus after attending her office at PHQ tri-junction. THE victim girl requested the lady constable to take her to her house who initially refused but after seeing her crying, she took her to her residence at Dokum Colony, Naharlagun out of pity. In the residence of the said lady constable, Radha narrated the whole incident of sexual assault on her by the accused-appellant. THE lady constable then suggested her to lodge an FIR in the police station assuring her to extent all help but Radha preferred to consult her parents first. Accordingly, Radha returned to her house at Sangai Gaon (Assam) on 25.03.2007 and disclosed the incident of sexual harassment to her parents and relatives.

(3.) I have heard Mr. B.C. Das, learned senior counsel assisted by Mr. S. Dutta and also heard Mr. I. Basar, learned Public Prosecutor appearing on behalf of the State of Arunachal Pradesh.