SKING RYMBAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This appeal is directed against the impugned Judgment of conviction dt. 16/8/2022 and Order of Sentence of even date passed by the learned Sessions Judge, West Jaintia Hills District, Jowai, in Sessions Case No.63 of 2014 convicting the appellant u/s 376/506 (Part II) IPC and sentencing him to undergo 7 years imprisonment with fine of Rs.15,000.00 and in default of payment, to undergo further 2 months simple imprisonment.

(2.) The fact of the case, as can be derived from the record, is that on 12/8/2012, PW-1 lodged a written FIR to the In-Charge, Phramer Traffic Cell to the effect that on 9/7/2012 at about 8:00 PM, the appellant came to her resident at Pasyih Dongmihsngi while she was not at home and raped her daughter, the survivor (17 years of age), while she was asleep. After committing the act, the appellant warned and threatened to kill the survivor if she disclosed the matter to anyone. The said FIR was then forwarded to Jowai Police Station and registered as Jowai P.S. C/No.108 (8) 12 u/s 376 IPC and endorsed to a Women Police Sub-Inspector (WPSI) for investigation. Upon completion of the investigation, a prima facie case was found established against the appellant and accordingly, a charge-sheet was submitted vide C/S No.174/13 dtd. 20/12/2013 u/s 376/506 IPC. The matter was thereafter taken up as Sessions Case No.63/2014 and the appellant was made to face the trial.

(3.) On 22/7/2015, the charge was framed by the Trial Court against the appellant u/s 376/506 IPC to which the appellant pleaded not guilty and claimed to be tried. During the course of the trial, the prosecution examined 7(seven) witnesses and exhibited 4(four) documents in support of its case. After the completion of the prosecution evidence, the statement of the appellant was recorded u/s 313 CrPC on 8/2/2022 in Pnar language through an interpreter in presence of the defence counsel. No defence witness was adduced on behalf of the appellant. The learned Trial Court after hearing the parties, convicted the appellant by the impugned Judgment dtd. 16/8/2022 u/s 376/506 IPC and by the Order of Sentence of even date, sentenced the appellant to undergo imprisonment for 7 years with fine of Rs.15,000.00 for offence u/s 376 IPC and in default of payment of fine, the appellant was ordered to undergo further 2 months simple imprisonment. In addition, the appellant was also sentenced to imprisonment for 5 years u/s 506 (Para II) IPC. Both the sentences were to run concurrently.