STATE OF TRIPURA Vs. SRI DIPAK DAS ALIAS KUDU
LAWS(TRIP)-2017-4-4
HIGH COURT TRIPURA
Decided on April 26,2017

STATE OF TRIPURA Appellant
VERSUS
Sri Dipak Das Alias Kudu Respondents

JUDGEMENT

T.VAIPHEI,J. - (1.) Heard Mr. J Majumder, the learned counsel appearing for the appellant-State and Mr. A Dey, the learned counsel for the respondent.
(2.) This appeal is directed against the judgment and order dated 11-6-2012 passed by the learned Addition Sessions Judge Court No.2, West Tripura, Agartala in Sessions Trial No.7/2011 acquitting the respondent from the charge under Sections 376(1)/417 IPC.
(3.) The case of the prosecution, in a nutshell, is that on 10-2-1010 at about 12.00 P.M., the respondent knocked the door of the house of the complainant while the victim girl was with her ailing father. Upon hearing the voice of the respondent, the victim girl opened the door, let him enter the room, but the respondent rather forcibly pushed her on to the bed and then committed rape upon her against her consent. After committing the rape, the prosecution is stated to have consoled her by saying that he would marry her within the month of Aswina. At the time of the incident, her mother and brother were absent at their house as they were attending the marriage ceremony of their relative. After about two months, the victim girl found her menstruation stopped, and became pregnant. When she informed the respondent about this development, the respondent told her to abort her pregnancy. The victim girl thereafter informed her mother and brother about the commission of rape upon her and the fact of her pregnancy. After about 7/8 months, the victim girl told the respondent to fix the date of marriage, which was refused by him by using filthy language and by telling her to undergo abortion. The respondent also told her that if she could not face the society, she should end her life by consuming poison. Having felt humiliated, she decided to end her life by taking sleeping pills. The victim girl was immediately taken to G. B. Hospital where she was treated for a few days and managed to survive.;


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