BIMAL SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was charged under Section 376(1) of the IPC for committing rape on the victim on 15.12.2012 at about 14/30 hrs. in a place near the Swami Vivekananda College Road and within Fatik Chara Tea Estate under Sidhai Police Station and the appellant was also charged under Section 341 of the IPC for wrongfully restraining the victim. After trial, by the judgment dated 23.03.2016 delivered in Case No.ST(T-1)04 of 2014 by the Additional Sessions Judge, Court No.5, West Tripura, Agartala the appellant has been convicted under Section 376(1) and Section 341 of the IPC.

(2.) Pursuant to the said judgment of conviction by the order dated 23.03.2016, the appellant has been sentenced to suffer rigorous imprisonment of ten years and to pay fine of Rs.10,000/- with default stipulation for committing offence of rape. The appellant has been further sentenced to suffer simple imprisonment for one month for committing the offence of wrongful restraint.

(3.) By means of this appeal, the said judgment and order of conviction and sentence are challenged fundamentally on two grounds that the appreciation of evidence has defied all established norm of appreciation. Even, it has been asserted in this appeal that the testimony of the victim [PW-6] cannot be relied, inasmuch as the victim has identified the appellant in her statement recorded by the police under Section 161 of the CPC whereas the victim's statement as recorded under Section 164 of the Cr.P.C. did not disclose the name of the appellant, the said statement even though was recorded on 16.12.2012. The victim had got long time of reflection. Even the trial court did not properly appreciate the evidence of the Medical Officer [PW-3] who had examined the victim. PW-3 gave the opinion that vaginal penetration by adult penis cannot be ruled out. But in the cross-examination, he has stated that the injuries i.e. laceration or rupture were found on vagina of the victim. It has been opined further that those injuries may be self-inflicted. The said statement was made while confronting a suggestion whether the lacerative injuries can be self-inflicted.