NANAB ALI ALIAS SAMSUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal is preferred by the accused Nanab Au alias Samsuddin the sole appellant who has been convicted under section 376 I.P.C. by the learned Sessions Judge, Cachar at Silchar in Sessions Case No. 42 of 1984 and sentenced to suffer rigorous imprisonment for 5 year and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for a further period of 3 months.

(2.) The facts giving rise to this appeal may briefly be put hereunder trial: Srimati Renubala Das, wife of Tarini Das of Damcherra under Kutlicherra Police Station lodged an ejahar to the officer-in-charge, Katlicherra Police Station against the present appellant and one Md. Zamir Ali (since deceased) on the allegations that on 14.7.82 at about 2 p. m. while the complainant was coming from the house of P.W. 2, Pabitra Mohan Das (a resident of the said village) towards her house, on the way the met both the accused named in the ejahar along with P.W. 5, Abtabuddin. The area was not thickly populated and the complainant had to cross a small hillock. While she reached near them and crossed them she noticed that the accused Zamir Ali and the appellant Nanab Ali being armed with dao coming behind her at a breakneck speed. She then stood by the side of the road to make passage for them. Coming nearer to the complainant, the accused embraced her and threatened her to kill if she raised any alarm. The complainant tried to get rid of them but failed, Md. Zamir Ali gagged the mouth of the complainant and both of them committed rape on her. Thereafter she was allowed to go with further threatening that they would kill her if she made hue and cry. While coming towards her house, the complainant met P.W.

(3.) Khalique Master and narrated him about the occurrence. She then come to her house and informed her husband about the occurrence. She was taken to the police station on the next day by her husband and lodged the information to the officer-in-charge, Katlicherra police station. She being illiterate, the ejahar was written by one Nikunja Behari Das at her dictation. On lodgment of ejahar, the officer-in-charge put some questions to the informant as because the ejahar was lodged on the next day of the day of occurrence. She had explained before the Officer-in-charge why she could not lodge the ejahar on the same day. In a further question she had replied that after the occurrence, she took a bath and washed the Sari. The officer-in-charge after recording her statement in question form took up investigation, which was subsequently followed by a charge- sheet. Both the accused as named in the ejahar were charge-sheeted to stand the trial under section 376 I.P.C. before the learned Sessions Judge, Cachar, Silchar. During pendency of the one of the accused, namely, Zamir Ali expired. Therefore, the trial proceeded against the present appellant as the sole accused in the Court of learned Sessions Judge. 3. In course of trial, the prosecution examined as many as 8 witnesses including the doctor who examined the prosecutrix as well as examined the Investigating Officer. The learned trial court considered the evidence on record, scanned the testimony of prosecutrix who was examined as P. W. 6, and the evidence of the doctor, P.W. 1, and found the accused guilty under section 376 I.P.C. and convicted him with infliction of sentences to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1000/-, in default to undergo further rigorous imprisonment for a period of 3 months. The appellant had challenged the propriety and legality of the impugned Judgment of the learned Sessions Judge in convicting him under section 376 I.P.C. and the verdict of sentence.