RASHIDA TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Convict, Rashida Tripura has filed the instant appeal challenging the judgment and order of conviction and sentence dated 28.01.2019, passed by the learned Special Judge, Ambassa, Dhalai Tripura in Case No. Special(POCSO)21 of 2015, whereby and whereunder the appellant and the other accused-person, namely Jani @ Jane Tripura have been convicted under Section 376D of IPC and Section 302 of IPC read with Section 34 of IPC and thereby sentenced to suffer rigorous imprisonment of 20 years with a fine of Rs.10,000/- only each with default stipulation and further to suffer R.I. for life with a fine of Rs.10,000/- only each with default stipulation for commission of offence punishable under Section 302 read with Section 34 of IPC.

(2.) Prosecution case was set on motion with the registration of an FIR No.3/2014 dated 08.02.2014 on the basis of a complaint (Exbt-3) lodged by Dimsing Tripura, the father of the victim to the Officer-in-charge of Raisyabari P.S., Dhalai District. According to the said complaint (Exbt-3), his daughter aged about 12 years, at about 2.00 p.m. on 07.02.2014 went to the house of their neighbour, namely Rashida Tripura, the appellant herein for watching T.V. After watching T.V. at that house till 5.00 p.m., his daughter was found missing. Thereafter, they searched for her at different places, and on 08.02.2014 A.D. at about 7.00 a.m., he found the dead body of his daughter inside the jungle, adjacent to his village. He informed the police administration. The police went to the place of occurrence and conducted investigation. The police found strangulation marks on the neck, swollen vagina with bleeding injuries. Bleeding injuries were also detected in the lower lip of his daughter. The complainant further alleged that some unknown miscreants had forcibly taken away his daughter to the jungle and committed rape upon her and had killed her by way of strangulation. He has prayed for justice.

(3.) During investigation, inquest was made upon the body of the deceased victim. The appellant along with Jani Tripura were arrested by the investigating officer (I.O.), and post mortem examination over the body of the deceased was conducted. Available witnesses were examined, disclosure statements of the accused persons were recorded by the police, the wearing apparels of the victim as well as the accused persons were seized in presence of the witnesses, which were subsequently sent for forensic examination by the experts. The I.O collected the forensic reports. Recorded the statements of the scientific experts as well as the doctor who conducted post mortem examination of the victim and having found sufficient materials and evidence about the involvement of the accused persons in committing the crime, the investigating officer submitted charge-sheet.