RAJIB SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order of conviction and sentence dated 07/08/2019 delivered in case no. ST.(T-1) 31 of 2015 by the Sessions Judge of Dhalai Judicial District Ambassa whereby the appellant was convicted for having committed offence punishable under Section 376(1) IPC and sentenced to RI for 10 years and fine of Rs.20,000/- with default stipulation.

(2.) Factual back ground of the case is as under:

(3.) Based on her FIR, Ambassa P.S. case No. 56 of 2014 under Section 376, 417 read with Section 109 IPC was registered against the appellant and his mother and the case was entrusted to Smt. Mukta Ghosh, a Sub-Inspector of Police of Ambassa police station [PW-12] for investigation. During investigation, victim gave a statement under Section 164(5) Cr.P.C [Exbt.8] before the Sub-Divisional Judicial Magistrate, Kamalpur wherein she had stated that she came to know the appellant 2 years back. He had an auto rickshaw in which he used to drop the victim at her school. Gradually they developed a relationship and the accused proposed to marry her. On his assurance of marriage, she had consented to sexual intercourse with the appellant. On several dates thereafter, the appellant on the pretext of marriage had sexual intercourse with her as a result of which she became pregnant and delivered a female child. After the birth of the child, the appellant stopped meeting her. The victim and her mother then met the mother of the appellant and proposed for marriage between the victim and the appellant. They refused to accept the victim and her daughter. Since then, the victim had been living with her parents.