TIKENDRA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is filed by the accused to challenge the impugned judgment dated 07.09.2018 passed by the learned Sessions Judge, Gomati Judicial District, Udaipur by which he is convicted for offences punishable under Sections 376(1) and 323 of the Indian Penal Code (IPC, for short) and sentenced to rigorous imprisonment of 7(seven) years and 6(six) months respectively in addition to being ordered to pay fine.

(2.) Briefly stated, the prosecution version was that the victim lady was a widow. On the night of the incident she had gone to attend a wedding ceremony. While returning with her relatives including the accused, the others went separately and the accused and the victim were left alone. The accused dragged her to a nearby school building and forcibly committed sexual intercourse with her. She screamed upon which PW-1, Laxman Debbarma who lived nearby, rushed to the site and had the victim released. According to the victim-complainant, the accused had bitten her on her lips and on her other parts of the body while committing the said offence. The incident allegedly took place at night of 06.08.2016. An F.I.R. was lodged before the nearby police station at about 4 o'clock in the evening the next day. Charge was framed against the accused for allegedly committing offences punishable under Sections 376(1) and 323 of IPC.

(3.) The victim lady was examined as PW-2. In a deposition she had stated that she lived with her five children, her husband having died earlier. On the date of the incident at about 12 o'clock at night she was returning home along with the accused Tikendra Debbarma and two other persons namely Laxman Debbarma and Ajoy Debbarma after attending a marriage ceremony in their village. After some time Laxman and Ajoy both went to their houses. She along with the accused were proceeding towards their houses. The accused forcibly took her to a school field of an Anganwadi School. He threw her on the ground in a ditch. He bit her on many places including her face. Upon hearing her screams Laxman Debbarma came there. Initially the accused did not release her even after Laxman arrived but after ejaculation he left the place. Next day at about 4 o'clock in the evening F.I.R. was lodged. She was examined by the Medical Officer at the District Hospital, Tepania. Her statement was recorded by the Magistrate, Udaipur under Section 164 of Cr.P.C.