SAMIR PAUL Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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ARINDAM LODH,J. -
(1.)Heard Mr. A. Acharjee, learned counsel appearing on behalf the appellant. Also heard Mr. S. Debnath, learned Addl. P.P. appearing on behalf of the State-respondent.
(2.)This appeal is directed against the impugned judgment and order of conviction and sentence dtd. 30/5/2020, passed by Ld. Sessions Judge, South Tripura, Belonia, in case No. ST 02 (Type-1) of 2017 whereby and whereunder the appellant has been convicted U/S.307 of IPC and sentenced him to suffer R.I. for 5 (Five) years and to pay a fine of Rs.10,000.00 (Rupees ten thousand) for the said offence, in default to pay fine, the appellant shall suffer further S.I. for 3 (three) months. The appellant is further convicted under sec. 354 of IPC and sentenced him to suffer R.I. for 1 (one) year and to pay a fine of Rs.5,000.00 (five thousand) for the said offence, in default to pay fine, the appellant shall suffer further S.I. for 1 (one) month.
(3.)The facts of the case as projected by the Ld. trial Judge, are as under:
"The fact of the case in brief is that, on 30/11/2015 at about 1200 hours the informant Smt. Bhulu Paul was busy with her work in her house and at that time hearing the screaming voice of her neighbour i.e. the victim (name not disclosed) she went to the house of the victim and found other two neighbourers of the victim namely Smt. Swapna Biswas and Smt. Mamata Paul were brought the victim at the courtyard of their house with severe bleeding injuries upon her left ear, neck and back side. In the meanwhile, other neighbourers of the victim also assembled in that house and on being asked the victim stated that she went at the Eastern bank of their pond for grazing their cow and at that time accused Samir Paul of their locality forcefully taken her to a nearby jungle by pressing her mouth and tried to commit rape on her. The victim started scuffling with the accused Samir Paul and while she started shouting and freed herself from the clutches of the accused, then accused Samir fell down her and dealt blows on her with a dao and fled away from there with his dao seeing Smt. Swapna Biswas, Smt. Mamata Paul and others were coming towards the spot. It is also stated that since the accused failed to fulfill his ill-intention, he chopped the victim with a view to kill her. Thereafter, the victim was shifted to Barpathari PHC and from there she was referred to Belonia hospital for treatment."
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