Arindam Lodh,J. - (1.)Heard Mr. R. Sinha, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the State-respondent.
(2.)The present appeal is directed against the impugned judgment and order of conviction and sentence dated 15.03.2017, passed by the learned Sessions Judge, Unakoti Judicial District, Kailashahar, Tripura, in connection with the Case No. ST 23 (NT/K) of 2013, whereby and where-under the appellant was convicted and sentenced to suffer rigorous imprisonment for 4(four) years and fine of Rs. 5,000/- (Rupees five thousand) in default to further R.I. for 4(four) months for the offence under Section 366 of IPC and also to suffer rigorous imprisonment for 7(seven) years and fine of Rs.7,000/- (Rupees seven thousand), in default to further R.I. for 5(five) months for the offence under Section 376(1) of IPC. Both the sentences would run concurrently.
(3.)Shorn of unnecessary details, I propose to refer only to the facts relevant to decide this appeal.
On 22.04.2013, one Bhaktimani Debbarma (P.W.7) lodged an ejahar with the Officer-in-Charge, Kailashahar Police Station stating inter alia that on 16.04.2013 at 5 O'clock in the afternoon, his daughter, the victim prosecutrix in this case, while waiting on the road to go to her rented house at Kailashahar from her own house, in that meanwhile, one driver of Maruti Van holding Registration No. TR02-0537 had forced her to board his vehicle and had taken her to a lonely place and stayed at night over there. The aforesaid driver namely Amarendra Malakar had raped his daughter for 2/3 times against her will. On the following day the convict-appellant had taken his daughter in a house belonging to one Merry Debbarma located at Fulchari village, Kamalpur and took shelter over there and at that time said Merry Debbarma had informed him over telephone that his daughter, the victim prosecutrix was available there. She also made a request to take her from there. It is further stated that on receipt of the said information, the informant along with three other persons had gone to the house of Merry Debbarma and found his daughter over there and when his daughter was asked for, then, she narrated the entire incident in details. Thereafter, the informant went to Kailashahar P.S. with her daughter and submitted a petition in writing and he took away his daughter from there. It is further stated in the written ejahar that delay was caused in lodging the case as the physical and mental condition of the victim was not well.

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