KALLYANJOY REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant, by means of filing the present appeal has challenged the judgment of conviction and order of sentence dated 10.05.2018 passed by the learned Sessions Judge, North Tripura, Dharmanagar in connection with case No. S.T. (T-1) 15 of 2015 wherein the appellant has been convicted under Section 323 of the IPC and sentenced to suffer rigorous imprisonment for 1(one) years and to pay a fine of Rs. 1,000/- with default stipulation and also to suffer rigorous imprisonment for 3(three) years and to pay a fine of Rs. 5000/- with default stipulation under Section 354B of the IPC.

(2.) Heard Mr. B. Banerjee, learned counsel appearing for the appellant as well as Mr. S. Ghosh, learned Additional PP appearing for the respondent.

(3.) The prosecution case, briefly stated, is that one complaint was lodged by Subendra Reang stating inter alia that on 03.02.2015 at about 8/9 pm, his wife i.e. the victim herein, went to a fair at Khedacherra and, at that time Kallyanjoy Reang, the appellant herein along with Bilatrai Reang forcibly took his wife to a nearby jungle of Khedacherra town hall and committed rape upon her and also had assaulted her. 3. On receipt of the complaint (Exhibit-1), the Officer-in-Charge of Khedacherra police station had registered a case against the appellant and Bilatrai Reang under FIR No. 2015 KDC 001 dated 06.02.2015 under Section 376(D) of the IPC. Being endorsed, the investigating officer visited the place of occurrence, recorded the statement of the available witnesses including the victim at Dharmanagar hospital, arrested the accused-persons who were also medically examined. The investigating officer also seized the blood samples, vaginal swab, urine and nail of the victim. The investigating officer also had arranged the examination of the victim under Section 164(5) Cr.P.C. and her statement was accordingly recorded by the SDJM, Kanchanpur. After completion of investigation, the investigating officer submitted charge-sheet against the appellant and another accused, namely, Bilatrai Reang was a juvenile in conflict.