SUKESH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was charged under Section 376(1) of the IPC for committing rape on the victim on 28.07.2007 about 11/11.30 a.m. nearby a place situated between Upper Dasda and Brikhapur under Kanchanpur Police station and after regular trial by the 1judgment dated 26.04.2016 delivered in Case No.ST/T- 1/0000002/2015 by the Sessions Judge, North Tripura, Dharmanagar, the appellant has been convicted.

(2.) Pursuant to the said judgment of conviction, the appellant had been sentenced to suffer ten years' rigorous imprisonment and to pay fine of Rs.10,000/- with default stipulation, with further direction that if the fine money is realized that shall be paid to the victim as compensation. That apart, setting off was allowed in terms of Section 428 of the Cr.P.C. for purpose of deducting the period of detention from the substantive sentence of imprisonment. By this appeal, the said judgment and order of conviction and sentence are challenged.

(3.) The genesis of the prosecution case is rooted in the complaint [Exbt.5] filed by one Smt. Rajpati Reang [PW-5] to the Officer-in-Charge, Kanchanpur Police Station revealing that her daughter [the name is withheld to protect the identity of the victim] went to Dasda Bazar to deliver ten pineapples to her mother for selling. While returning home from Dasda Bazar along the way leading towards Brikshapur the appellant namely Sukesh Das appeared with a sharp cutting weapon [dao] in hand from the jungle and embraced her, touched her breast and gagged her mouth. The appellant put off her skirt and pant despite her resistance and committed rape by inserting his penis into her vagina. She was returning home with one boy namely Sujit Reang [aged about 8 years] who has been referred by the police as Subit Reang and examined in the trial as PW-6. PW-6, according to the complainant was the witness to the occurrence. On 31.01.2007, the complainant [PW-5] lodged the said complaint to the police officer. Based on that complaint, Kanchanpur P.S. Case No.37/07 under Section 376(1) of the IPC was registered and taken up for investigation. The final police report was filed on completion of the investigation sending up the appellant to face the trial in accordance with law. The case was committed to the court of the Sessions Judge. Having taken the cognizance, the Sessions Judge framed the charge as stated before. The appellant pleaded his innocence, denied the charge and claimed to be tried in accordance with law.