S.C. Das, J. - (1.) This Criminal Appeal under Section 374 of Cr.P.C. is directed against the judgment dated 10.05.2010 passed by learned Sessions Judge, Hailakandi, in Sessions Case No. 77 of 2006 whereby the accused appellant was found guilty of committing offence punishable under Sections 448 and 376 of IPC and sentenced him to suffer R.I. for 10 years and to pay a fine of Rs. 5000/-, in default of payment of fine, to suffer further imprisonment for 6(six) months under Section 376 of IPC and again he was convicted and sentenced to suffer S.I. for 6(six) months under Section 448 of IPC. The sentences were directed to run concurrently.
(2.) Heard learned counsel, Mr. for the appellant and learned Additional P.P. Mrs. for the State respondent.
(3.) Facts of the case for the purpose of disposal of this appeal, may be summarised thus:- 3.1 One Abidur Rahman Laskar filed a complaint in writing before Chief Judicial Magistrate, Hailakandi on 13.04.2006 alleging inter alia, that his younger sister, the victim-prosecutrix, Roshenara (actual name kept concealed), while she used to be on the way to her Madrasa School and back, often was annoyed by uttering filthy and unusual words by the accused Sorif Uddin for which the complainant, his parents and his sister approached father of the accused to which he assured the complainant that the accused would be restrained from doing so in future. 3.2 On 28.02.2006 at about 4 p.m. Roshenara returned home from her school and she was alone while her mother was away and at that time, accused with a sharp cutting weapon in his hand trespassed in the house of the complainant, entered into the room of Roshenara and committed rape on her. Because of the threat exposed by the accused, she could not raise any alarm and after committing rape, the accused went away. When parents of the complainant returned home, Roshenara disclosed the incident to them and thereafter the victim girl along with her parents and the complainant together went to the house of the accused and informed the entire incident to the father of the accused and at that time, besides accused Sorif Uddin, other accused persons namely Amir Uddin Laskar and Ziab Uddin Laskar assaulted them and therefore, they returned home. Thereafter, they went to Lala Police Station and reported the incident to the Police officer on duty who, at once sent his sister, the victim Roshenara for a medical examination. After a few days police personnel called father of the complainant and obtained signature in some white paper but no action was taken on the basis of complaint lodged by them with the P.S. on 28.02.2006. The matter was reported to the village elders and a village meeting was called on 29.03.2006 and the incident was discussed in the village meeting where signatures of all concerned who attended the meeting were taken including that of the accused persons and the witnesses i.e. the victim girl and her parents and the complainant were obtained and all left the meeting place. Accordingly, the complainant prayed for justice. ;