KESHAB SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Kohinoor N. Bhattacharjee, learned counsel appearing for the convict-appellant and Mr. S. Ghosh, learned Addl. P.P. appearing for the State-respondent.

(2.) This appeal is directed against the judgment and order of conviction dated 28.02.2018 passed by the learned Sessions Judge, North Tripura, Dharmanagar, in connection with ST 51 (NT/D) of 2011, whereby and whereunder, the appellant has been sentenced to suffer RI for 7 (seven) years with fine of Rs. 5,000/- for the offence committed under Section-366 of IPC and to suffer RI of 10(ten) years with fine of Rs.10,000/- for the offence committed under Section- 376(1) of IPC with default stipulations.

(3.) The factual background of the case is that on the basis of a complaint lodged by the complainant, the mother of the victim girl, that her daughter (name withheld), aged about 17 years 8 months, resident of Machmara under Pecharthal police station, allegedly on 07.02.2011 was kidnapped by the convict-appellant. Thereafter, Smt. Mira Nama, the complainant (PW-1), along with her husband had gone to the house of the private tutor to know the whereabouts of their daughter as she did not return back to her house in time. Ultimately, Smt. Mira Nama (PW-1) had lodged a complaint stating inter alia that on 07.02.2011 while her daughter (PW2) was proceeding towards the house of her private tutor at Machmara, she was kidnapped by the convict-appellant. She further stated in the complaint that her daughter was taken by a Bolero jeep to Agartala and was forced to stay with the convict-appellant at Barjala area, Agartala. They stayed there for 14 days. She further stated in the complaint that during her staying at Barjala, the convict-appellant had forcefully raped her on several occasions. Ultimately, the convict-appellant had returned the victim-girl at a place at Agartala, namely, Pragati Road to her mother and thereafter it was reported to the police authority.