LAWS(TRIP)-2020-5-38

DHANANJOY REANG Vs. AKIL KURESHI, ARINDAM LODH

Decided On May 22, 2020
Dhananjoy Reang Appellant
V/S
Akil Kureshi, Arindam Lodh Respondents

JUDGEMENT

(1.) Heard Mr. A. Nandi, learned counsel appearing for the appellant. Also heard Mr. Sumit Debnath, learned Addl. P.P. appearing for the State-respondent.

(2.) The present appeal is directed against the judgment and order of conviction dated 19.3.2014 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar, whereby and whereunder, the appellant has been sentenced to suffer RI for his entire life till death along with a fine of Rs. 20,000/-only for the offence committed under Section-376(2) (f) read with Section-376(2)(n) of the IPC with default stipulation.

(3.) Briefly stated, prosecution case is that Smti. Jugerung Reang, wife of the accused-appellant lodged an FIR with the Officer-in-charge, Anandabazar Police Station to the effect that for the last 5/6 months her husband i.e. the appellant herein, has been trying to cohabit with his own daughter namely 'X' [name is withheld] but, 'X' did not agree.So,the accused assaulted her and threatened her. The wife, the informant herein, tried to pacify her husband, but failed. On 06.04.2013 at about 12.00 hours at night, on 25.04.2013 at about 10.00 pm at night and on 01.05.2013 at about 01.00 hours at night the accused being father forcefully raped his daughter by tearing off her wearing apparels in front of the informant. When the informant raised objection, the accused assaulted the informant and also threatened to kill her. Initially, she did not disclose anything to anybody out of fear but as there was recurrence of the same, she and her daughter took shelter to a safer place out of fear of her husband.