DILIP DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convict is directed against the judgment and order of conviction and sentence dated 25.02.2016 delivered in Sessions Trial (T-1)39 of 2015 by the Addl. Sessions Judge, Court No.5, West Tripura, Agartala. The appellant has been convicted under Sections 366 and 376(2)(f) of the IPC and sentenced to suffer rigorous imprisonment for 5 years with fine of Rs.5000/- with default stipulation for committing offence punishable under Section 366 of the IPC and to suffer rigorous imprisonment for 12 years and fine of Rs.10,000/- with default stipulation for committing offence punishable under Section 376(2)(f) of the IPC. It has been directed that the sentences shall run concurrently.

(2.) Genesis of the prosecution is rooted in the complaint filed by one Rabindra Debbarma (PW-2) disclosing that on 15.01.2008 around 7.30 to 8.00 pm, the appellant came to his house and forcibly took away his 7 years old daughter (the name withheld for protecting the identity of the victim) into a nearby jungle and raped her. At around 9 pm the appellant dropped his daughter at his house. When the daughter came back home, PW-2 and his wife noticed that blood was oozing from her private parts. On the basis of the said complaint dated 16.01.2008 (Exbt-3), Jirania PS case No.01/08 under Section 366(A)/376 of the IPC was registered and taken up for investigation by the police.

(3.) On completion of the investigation, final report was submitted in the court sending up the appellant to face the trial. The said case was registered in the court of the Chief Judicial Magistrate, West Tripura, Agartala as GR 45 of 2008. Since the offences disclosed in the police Report are exclusively triable by the court of Sessions. On taking cognizance, the police papers were committed to the court of the Sessions Judge. In the Sessions Court, the said case was reregistered as Case No.ST39 (Type-1) of 2015 and the same was transferred to the court of the Addl. Session Judge, Court NO.5 West Tripura, Agartala, herein after referred to as the trial court.