Decided on January 05,2022

State Of Tripura. Respondents


T. Amarnath Goud, Arindam Lodh, J. - (1.)This appeal by the convict is directed against the judgment and order of conviction and sentence dtd. 6/6/2019 delivered in Sessions Trial (T-1) 31 of 2015 by the Addl. Sessions Judge, Court No.5, West Tripura, Agartala. The appellant has been convicted under Ss. 376(2)(f) of the IPC and sentenced to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs.5000.00 and in default of payment of fine the appellant shall also suffer further simple imprisonment for 2 (two) months.
(2.)Genesis of the prosecution is rooted in the complaint filed by one Anju Das (PW-4) disclosing that on 10/9/2012 the informant went out of her house for performing works under REGA leaving the victim alone in her house. Around 4 pm accused (Pintu Ghosh) allured the victim on the pretext of feeding chocolate, chips etc and took the victim to his house and committed rape upon the victim therein. On hearing alarm of the victim, Smt. Manti Ghosh (PW-5) wife of elder brother of accused rescued the victim when the accused fled away.
(3.)Based on the said complaint dtd. 11/9/2012, Agartala PS case No. 246 of 2012 under Sec. 376(2)(f) of the IPC was registered and taken up for investigation. On completion of the investigation, final report was submitted in the court sending up the appellant to face the trial. The said case was registered in the court of the Chief Judicial Magistrate, West Tripura, Agartala. Since the offences disclosed in the police report are exclusively triable by the court of Sessions, on taking cognizance, the police papers were committed to the court of the Sessions Judge. In due course, the case was transferred to the court of the Asst. Session Judge, Court No.1 West Tripura, Agartala, from where the case was withdrawn and made over to the court of Additional Sessions Judge herein after referred to as the trial court.

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