KALU TAMANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. M. Adhikary, learned counsel for the appellants and Mr. K. Tado, learned PP, appearing on behalf of the State.

(2.) THE prosecution story, in brief, is that on finishing her official work on 18.09.2004 at around 8.00 PM, the prosecutrix boarded a vehicle driven by the appellants/convicts, who were to drop her in the residence of her brother-in-law at Kakaling. The appellants who were drivers were sent by brother-in-law of the prosecutrix to enable her to meet her sick mother who was staying in her brother-in-law's house. The prosecutrix thereafter stated in her complaint that on reaching near the house of her brother-in-law, the appellants told her that the vehicle required some minor repair works at Thinley garage and requested her to bear the slight delay. The appellant Shri Suresh Thapa thereafter drove the vehicle down hill stating that the vehicle could not start by itself. When asked where they were going, the appellants told the prosecutrix that they were going to Dedza. As the prosecutrix began to doubt the intention of the appellants, the prosecutrix started to shout, but the appellants closed all the windows of the vehicle. The appellant Suresh was driving the vehicle and Kalu, who was sitting next to her, closed her mouth with his hand. The prosecutrix struggled and caught the steering wheel and tried to stop the vehicle but after some time the vehicle entered Kutha Link road ner Dhukhumpani area and stopped a little away from the main road. As soon as the vehicle stopped, the prosecutrix tried to run away, but the appellants caught her and dragged her towards the jungle. They forcefully removed her clothes and raped her. It was only in the morning that the prosecutrix reached the home of her brother-in-law.

(3.) ON the basis of the complaint made by the prosecutrix, Bomdila P.S. Case No. 11/2004 under Sections 376/342/506/34 IPC was registered and the investigation started. The prosecutrix was taken for medical examination on 19.09.2004 and the appellants/convicts i.e. Suresh Thapa and Kalu Tamang also gave their confessional statement before the Magistrate under Section 164 Cr.P.C. The clothes of the Prosecutrix and the appellants were sent to the FSL for examination.