BIMAL ACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Unsuccessful appellant has approached this Court against the judgment dated 29.01.2014 passed by the leaned Addl. Sessions Judge, Khowai, West Tripura in connection with Sessions Trial No. 02(WT/K) of 2011 thereby convicting the appellant to suffer RI for seven years and to pay a fine of Rs.3,000/-, i.d. to suffer SI for three months for commission of offence punishable under Section 376(1) of IPC and to suffer RI for one year and to pay fine of Rs.1,000/-, i.d. to suffer SI for one month for commission of offence punishable under Section 354 IPC. Both the sentences were ordered to run concurrently. Further, the appellant was sentenced to suffer RI for six months and to pay a fine of Rs.500/- i.d. to suffer SI for 15 days for commission of offence punishable under Section 451 of IPC, which shall run consecutively to the aforesaid sentences.

(2.) Gravamen of the prosecution case is that on 25th July, 2009, one Smt. Purnima Ghosh lodged a written complaint/ejahar stating inter alia, that on 23rd July, 2009, she being a group-D employee under the Khowai Block was engaged in her duty for counting of votes of panchayet election. During the relevant period, she was a tenant in the house of one Smt. Puspa Ghosh at Office Tilla. On that date, before she left her house she requested the landlady to take care of her child and sleep with her children if she failed to return from duty at night. Accordingly, the landlady spent the night with the children, including the prosecutrix.

(3.) On 24.07.2009 at 6 a.m. the complainant returned home and her daughter-prosecutrix (name withheld) reported that at dead of night accused Bimal Acharjee banged the door and the landlady who was sleeping with the prosecutrix opened the door and allowed the accused to enter in to the room since he was known to her. Then accused Bimal Acharjee requested the landlady to go to her own hut and as per the instructions of the mother of the prosecutrix, the said accused would sleep with her daughter and then the landlady returned to her own hut and Bimal locked the door.