JAKIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 21-6-05, passed in Sessions Case No. 104(S-S)/2004, learned Additional Sessions Judge, Sivasagar, has convicted the accused-appellant under Sections 376 and 417 of the I. P. C. and sentenced him to undergo, for his conviction under Sections 376, I. P. C., rigorous imprisonment for a period of seven years and pay fine of Rs. 5,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of one year and to suffer, for his conviction under Section 417. I. P. C., rigorous imprisonment for one year and pay fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month, both the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus : In the month of June or July, 2000. when AB, aged about 13 years and a daughter of PW1 and PW3, was alone at home, the accused, who was a visitor to the house of AB, came there and induced her to have sexual intercourse with him by making a promise to marry her. So induced by the promise of marriage made by the accused and believing that the promise was bona fide, AB allowed the accused to have sexual intercourse with her. In this way, the accused had sexual intercourse with AB once again. As a result of the sexual intercourse, which AB had with the accused, she conceived and when she was carrying pregnancy of about three months, she had to report the matter to her mother (PW 3), who, in turn, informed her husband (PW 1). AB's parent's, along with some of their co-villagers, then, went to the house of the accused and asked him to marry her; but the accused refused to marry her. AB's 'father, JA (PW 1), then, lodged an F. I. R. Based on this F. I. R., a case was registered against the accused under Sections 376/493, I. P. C. During the course of investigation, AB was medically examined and, on completion of investigation, a charge-sheet was laid against the accused under Sections 417/376, I. P. C.

(3.) To the charges framed against him, at the trial, under Sections 376 and 417 of the I. P. C., the accused pleaded not guilty. In support of their case, prosecution examined seven witnesses. The accused was, then, examined under Section 313, Cr. P. C. and in his examination aforementioned, the accused denied that he had committed the offences alleged to have been committed by him, the case of the defence being, in brief, that AB was a woman of easy virtue, she had illicit relation with her brother-in-law and might have conceived through her brother-in-law, AB suffered from mental disorder and the accused had neither promised to marry AB nor did he have sexual intercourse with her. The case of the defence was, thus, a case of complete denial. The defence also adduced evidence by examining as many as five witnesses. Having, however, found the accused guilty of the offences charged with, the learned trial Court convicted him accordingly and passed sentences against him as mentioned hereinabove. Aggrieved by his conviction and the sentences passed against him, the accused has preferred this appeal.