SAMIR DEBBARMA ON BEHALF OF ACCUSED SRI DHANIRAM DEBBARMA Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-5-3
HIGH COURT TRIPURA
Decided on May 05,2021

Samir Debbarma On Behalf Of Accused Sri Dhaniram Debbarma Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

S.G.CHATTOPADHYAY, J. - (1.) This application under Section 439 Cr. P.C has been filed by arrested accused Dhaniram Debbarma @ Diyang who is in custody from 23.02.2021 in connection with Khowai P.S Case No.2021 KHW 013 under Sections 325, 376, 306 and 120B IPC.
(2.) The case arises in the following background: Mother of the victim lodged a written complaint in the Court of the Chief Judicial Magistrate Khowai in Khowai Judicial District on 05.01.2021 alleging, inter alia, that her daughter(victim) who was married and having children developed love affairs with the accused petitioner. On 26.10.2020 her daughter along with her husband and children came to her house and she was missing from her home since evening. Later, she came to know that her daughter was kidnapped by the accused petitioner. However, with the help of the wife of the accused petitioner and others she brought her daughter back and came to know from her that the accused committed sexual intercourse on her on assurance of marriage. Knowing the incident from her daughter she also declined to keep her daughter at her home in fear of social stigma. Thereafter, a meeting was held in their village on 09.11.2020 in which the matter was discussed. The victim was also present in that meeting. After the meeting, she consumed poison near a rubber garden to end her life. She was taken to hospital where she died. In her complaint the mother of the victim alleged that the petitioner committed sexual inter course on her daughter several times alluring her that he would marry her and subsequently, when the matter was known to everybody, her daughter committed suicide in fear of social stigma which would not have happened without the abatement of the accused.
(3.) The said complaint of the mother of the victim was forwarded to police station from Court for investigation. The same was then registered and investigation was taken up. During investigation accused petitioner was arrested on 23.02.2021 and since then he has been in custody.;


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