MADAN DEB Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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Arindam Lodh,J. -
(1.) These two appeals arise out of common judgment and order of conviction dated 19.12.2018, whereby and whereunder the appellants, namely, Subrata Sarkar and Madan Deb were convicted and sentenced to suffer rigorous imprisonment for 10 years along with fine of Rs.5000/- (Rupees five thousand) with default stipulation being found guilty for the commission of offence punishable under Section 376(2)(g) of the Indian Penal Code (for short, IPC) in connection with case No.ST (Type-1) 6 of 2011, passed by the learned Sessions Judge, Dhalai District, Ambassa.
(2.) The prosecution case as projected by the learned Sessions Judge may be reproduced here-in-below in verbatim:
'The prosecution story, in brief, is that the complainant of this case who is also the father of the victim-prosecutrix (name withheld) filed one written complaint on 20-09-2008 to the Officer-in-charge of Ambassa police station to the effect that on 20-09-2008, Saturday in the morning hours his daughter went to the DM office complex to work as helper of mason.When she reached at the DM office complex, at that time Smti. Sonabati Tripura and Smti. Malirung Reang who accompanied daughter of the complainant at the DM office complex informed his daughter that on that day three helpers were not required and told her to go back to her house. At this, on the way when she was going back to her house and reached in front of the shop of Shri Ajay Sharma, she met with Sri Subrata Sarkar and one Madan and they took his daughter towards the DM office complex again on the assurance of giving work. On the way towards DM office complex, suddenly the said two persons by force pressing her mouth with a piece of cloth took her in a building of the Forest office which was under construction inside the jungle. There at first Shri Subrata Sarkar and then one Madan committed rape upon her forcibly. They also threatened the daughter of the complainant with dire consequences keeping a knife on her neck and told her that if she told anybody about the incident, then she would be killed. When the complainant of this case and his son were coming in a rickshaw along the said road with fire woods and reached near to the place of occurrence, at that time hearing his voice, his daughter came out from the place of occurrence and narrated the incident to him. The accused persons fled away from the place of occurrence hearing his voice. Hence, this case.'
(3.) On the basis of aforesaid complaint, the Officer-in-Charge of Ambassa Police Station on 20.09.2008, registered Ambassa Police Station Case No.60 of 2008 under Section 376(g) of IPC. The complaint was investigated by the investigating officer. After completion of investigation, charge-sheet was submitted against the accused persons namely, Sri Subrata Sarkar and Sri Madan Deb under Sections 366/376(2)(g) of IPC vide charge-sheet No.8/09 dated 10.03.2009. After commitment, the learned Additional Sessions Judge, North Tripura, Kamalpur had conducted trial.;
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