RAJU BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. is directed against the judgment and order dated 07.08.2012 passed by the learned Assistant Sessions Judge, Court No.2, West Tripura, Agartala in Case No. S.T.03 of 2012, whereby the appellant has been convicted under Section 376 and Section 506 of IPC and sentenced him under Section 376 of IPC to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-, in default of payment of fine to undergo further simple imprisonment for six months and further sentenced him under Section 506 of IPC to suffer rigorous imprisonment for two years and both the sentences shall run consecutively.

(2.) Analysis on evidence:-

(3.) On the basis of the above facts and evidence, Mr. Ratan Datta, learned counsel appearing for the accused-appellant has submitted that no reasonable explanation is found to justify the four days delay in lodging the written compliant which is fatal to the prosecution case. He further submits that from the analysis of the evidence it is clear that the witnesses of the incident have contradicted themselves which has raised serious suspicious circumstances about the commission of any offence by the accused-appellant. The learned counsel has tried to project a case and strenously argued that the informant being the step-mother did not like the accused-Raju Bhowmik staying at the same residence along with them as Raju Bhowmik spent maximum years of life in the matrimonial house of his sister and only after his staying of about three months, problems have erupted as the informant wanted to drive the accused-Raju Bhowmik away from their house vis-a-vis the valuable company of her husband who is also the father of the accused-Raju Bhowmik.