PRASENJIT DAS @ PRASAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction dated 07.02.2017 passed by the learned Addl. Sessions Judge, West Tripura Agartala in connection with case No.ST(T-1)/57 of 2014, whereby the appellant has been sentenced to suffer simple imprisonment for six months for commission of offence under Section 448 of IPC and further sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- only with default stipulation for committing offence punishable under Section 376(2)(1) of IPC.

(2.) Briefly stated, the prosecution case is that on 20.09.2013 at about 6.30 P.M., the appellant entered into the dwelling hut of the victim who is mentally retarded for long time. The victim was subjected to rape committed by the appellant. The sister-in-law (younger brothers wife), Smt. Sima Sutradhar, P.W.-1 after pushing the door of the hut which was closed from inside had peeped through the window of the hut and found that the appellant was lying upon the body of her sister-in-law (elder sister of her husband). She raised alarm, on hearing her alarm, one Sri Amitabha Karmakar came to their house along with Sadana Sutradhar and Purnima Debnath, when the accusedappellant had fled away opening the door of the room. She reported the incident to her husband, Nitai Sutradhar(P.W.-2) over telephone. He immediately returned to his house, heard the entire episode from his wife, Smt. Sima Sutradhar and on the next day i.e., on 21.09.2013 at about 12.05 hours he lodged a written complaint to the Officer-in-Charge, Amtali Police Station.

(3.) After receipt of the written compliant (Exbt-2), the printed form of FIR was filled up and the same was registered (Exbt-6). The case was investigated by a women police officer Smt. Ila Deb. She had rushed to the place of occurrence, arranged for medical examination of the victim, recorded the statement of the available witnesses, seized one red colour torned petticoat, one green colour silk cloth and other articles and material objects by preparing a seizure list (Exbt-1) in presence of witnesses. During the investigation, the investigating officer also collected the medical report of Department of Forensic Medicine and Toxicology (Exbt-3) and report of Tripura State Forensic Science Laboratory, Narsingarh ('TSFSL', in short) and prepared a hand sketch map of the place of occurrence with separate index (Exbt-7 and 8 respectively). The report of the mental status prepared by the Board of Psychiatric was also collected. The said report of the Medical Board was brought on record. After completion of investigation, the chargesheet was submitted against the appellant. Prima facie material was found against the appellant under Section 448/376(2)(1) of IPC. After being committed to the Court of Sessions Judge, it was transferred to the Court of Addl. Sessions Judge, West Tripura, Agartala for trial.