ABDUL KHALEK Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 29.04.2011, passed, in Sessions Case No. 208(K)/2008, by the learned Sessions Judge, Kamrup, Guwahati, the accused -appellant has been convicted, under Section 376(1), IPC, and sentenced to undergo rigorous imprisonment for a period of 10 years with fine of Rs. 5,000/ - and, in default of payment of fine, to undergo simple imprisonment for a further period of 6 months with further direction that the fine shall, if realized, be paid to the conviction as compensation. That case of the prosecution may, in brief, be described. On 01.05.2008, in the evening, the informant (PW 2) had gone to the market leaving her minor son (PW 4) and her minor idiot daughter (PW 5) at home. After the informant had left home, her minor son (PW 4) went to their shop, which was located nearby. Taking advantage of the absence of the informant and her minor son, the accused entered into the house of the informant and committed rape on PW 5. When the accused was in the act of having sexual intercourse with PW 5, her brother (PW 2) entered into the house and, having seen what the accused had been doing, he (PW 2) raised cry for help and, on hearing the same, PW 3 entered into the house of the informant and found PW 5 lying necked on the bed and the accused preparing to wear his cloths. On hearing the cries, which had been raised from the house of the informant, her other neighbours too assembled their, they caught hold of the accused, police was informed, police came and took away the accused and, on the following day, i.e., on 02.05.2008, a written ejahar was lodged by PW 2 at Bharalumugh Police Station. Treating the said ejahar as First Information Report (in short, 'FIR'), Bharalumukh Police Station Case No. 86/2008, under Section 376, IPC, was registered, on 03.05.2008, against the accused. During the course of investigation, the victim (PW 5) was subjected to medical examination and, on completion of investigation, charge -sheet was laid, under Section 376, IPC, against the accused.

(2.) DURING trial, the accused pleaded not guilty to a charge, framed against him, under Section 376, IPC.

(3.) HAVING found the accused guilty of the offence charged with, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above.