BIPUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order of conviction and sentence dated 20.08.2019 passed by the learned Sessions Judge of Sepahijala Judicial District, Sonamura in case No. ST(T-1) 7 of 2015 whereby the convict appellant Bipul@Bimal Bhowmik has been convicted and sentenced under Section 376(2)(l) of the Indian Penal Code, in short IPC and sentenced to Rigorous Imprisonment [RI] for 10 years and fine of Rs.5,000/- with default stipulation.

(2.) The genesis of the prosecution case is rooted in the FIR lodged by Sri xxx [name withheld] [PW-5] with the Officer in charge Jatrapur Police Station on 16.01.2015 at 2.45 p.m. alleging inter alia, that on 15.01.2015 at about 4 O'clock in the afternoon when his mentally retarded victim daughter was playing with 2 other girls of her village in the nearby paddy filed, the appellant had taken her to the nearby jungle and committed rape on her. Based on this information, Jatrapur P/S case No.004 of 2015 dated 16.01.2015 under Section 376 IPC was registered. Initially, the investigation of the case was conducted by Sri Jahar Debbarma [PW-21], Sub-Inspector of Police of Jatrapur Police Station. Thereafter, from 17th January, 2015 the investigation of the case was carried out by Smt. Ashalata Debnath, a woman sub-inspector of police [PW-19] and on completion of the investigation, Smt. Debnath submitted the charge sheet sending up the appellant for trial for having committed offence punishable under Section 376(2)(l), IPC.

(3.) The learned Sub-divisional Judicial Magistrate, Sonamura vide his order dated 29.04.2015 received the charge sheet along with the case diary and on perusal of the prosecution papers had taken cognizance of offence punishable under Section 376(2)(l) IPC and vide order dated 05.08.2015 committed the case to the Court of learned Sessions Judge of the Sepahijala Judicial District.