BINOD PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The appellant no.1 has been convicted under sections 376(2)(n), 342 and 120B read with section 34 of the Indian Penal Code, 1860 (for short ,,IPC). He has been sentenced to rigorous imprisonment for twenty years and a fine of Rs.20,000/- for each of the offences under sections 376(2)(n) IPC and 120B IPC. He has been further sentenced for one year under section 342 IPC. The appellant no.2 has been convicted under sections 120B and 342 read with section 34 IPC. For the offence under section 120B, the appellant no.2 has been sentenced to undergo simple imprisonment for ten years and to pay a fine of Rs.10,000/-. She has been sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.10,000/- under section 342 IPC. All sentences have been directed to run concurrently. An amount of Rs.3,00,000/- has been awarded to the victim as victims compensation.

(2.) The judgment of conviction and order on sentence dated 21.09.2017 passed by the learned Judge, Fast Track, South and West Sikkim at Gyalshing (for short ,,the learned Judge), in Sessions Trial (F.T) Case No. 8 of 2016 are under challenge by both the appellants. The appellant nos.1 and 2 are husband and wife respectively.

(3.) The investigation of the case emanated from the First Information Report (for short ,,the FIR) (Exhibit-5) lodged by the victim (PW-6) on 08.10.2016. The victim alleged that on 07.10.2016, the appellant no.2 asked her to go to her house. They reached her house at 6:30 p.m. At night, she had dinner with the appellants and their child. At 8:30 p.m. they allotted her a room to sleep in. The appellant no.2 asked her if she wanted a sleeping pill, which she declined. When she was sleeping at around 9:00 p.m., the appellant no.1 came to her bed without her consent. She took him out of the room and latched the door. She, thereafter, tried to call the appellant no.2 but she refused to wake up. After a while, the appellant no.1 entered through the ceiling. When he started to force himself on her, she screamed but in spite of that he raped her and kept her locked inside the room. At around 3:00 a.m. in the morning, he once again raped her. During the night, she had called her friend (PW-1) on his mobile and requested him to come and get her. She also messaged him. On 08.10.2016 at around 8:00 a.m., she ran away from the house and went to a Church a little below the appellants house. She asked for help and the people at the Church kept her hidden in the storeroom. The appellants, however, came and took her out. She told the appellant no.2 about the incident but the appellant no.2 supported the appellant no.1 and threatened her. PW-1 and one Badhal came looking for her and took her away. Thereafter, the victim told her sister (PW-2) about the incident and lodged the FIR. It appears that the signature of the victim in the formal FIR (Exhibit-6) dated 08.10.2016 was obtained only on 13.10.2016.