BAPHIRA KHARKONGOR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. M. Z. Ahmed, learned senior counsel appearing for the accused/appellants. Also heard Mr. N. D. Chullai, learned Public Prosecutor who represents the State.

(2.) This appeal is presented by 9 accused persons who have been convicted for an offence punishable under Section 376 (2) (g) of the IPC and have been sentenced to suffer 10 years imprisonment with a fine of Rs. 1000/- each by the judgment and order dated 30.3.2007 rendered by the learned Judge, Fast Track Court, East Khasi Hills District, Shillong in case No. FTC (S) 43/2003.

(3.) The prosecution case as revealed by the FIR filed by the PW 11 indicates that on the evening of 18.7.1997 at about 8:30 P.M. while the informant's sister-in-law Ms. Melaris Marngar, aged about 27 years (hereinafter referred to as 'the victim') while returning home was accosted by several persons who caught hold of her and after gagging her mouth, subjected her to criminal assault. The assault took place in Wahktiez Area within Mawpat Village within the Autonomous Council Area. The victim managed to reach home with blood stains on her wearing apparels and she was immediately shifted to the hospital at about 11 P.M. for necessary medical treatment. On the basis of the FIR lodged by the brother-in-law (PW 11) of the victim, the criminal process was set in motion.