SHRI DHARANI SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The convict, being aggrieved by the judgment and order of conviction and sentence dtd. 27/7/2016 passed in case No. S.T.(24) of 2012 whereby and whereunder he was convicted under Sec. 376(2)(e) of IPC and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.5,000.00 with default stipulation, has preferred the instant appeal.

(2.) Briefly stated, the prosecution case was set in motion on the basis of a complaint lodged by a victim of a rape stating inter alia that on 9/11/2010, while she was pregnant and taking advantage of the absence of her husband in the house, her father-in-law entered into the room for watching T.V. She was sleeping, all on a sudden, she felt someone had touched her body and embraced her. She woke up and found her father-in-law and as she tried to resist him, he gagged her mouth with hand. Therefore, she failed to do anything as he was more strong having a stout body. Her father-in-law then committed rape upon her and threatened her not to divulge the matter to anyone else he would kill her. On that day, when her husband returned home in the evening, he was not interested to listen to the incident from her. Her mother-in-law herself informed her son about the incident and said that her father-in-law walked out of his homestead to somewhere. Then without asking her anything, her husband went out in search of her father-in-law, and thereafter, she intimated the matter to her aunt-in-law over phone. The incident was further informed to her elder sister. When the inmates of her parental house asked her husband about the incident, he preferred to keep away from raising any allegation against his father. When her 'Didi' (elder sister), 'Jamaibabu'/brother-in-law (husband of her sister), maternal uncle and her mother went to her inlaw's house to bring her, then, her in-laws did not allow her to go and withheld them. After two days, on 12/11/2010, the inmates brought her to her parental house from her matrimonial home. The said complaint was received by the officer-in-charge of Srinagar Police Station on 13/11/2010 at 1625 hrs and registered it as SRN PS C/no 21/10 u/s 376/506 of IPC.

(3.) Investigation was endorsed to S.I. Rajendra Debarma and during his investigation, he visited the place of occurrence, recorded the statements of the available witnesses, arranged for recording statement of the victim under Sec. 164(5) of Cr.P.C. before the Magistrate and prepared hand-sketch map with the index of place of occurrence. Seized the wearing apparels of the victim in front of the witnesses and sent the same to State Forensic Science Laboratory (SFSL) for examination. After collecting all evidence and materials on record, the investigating officer submitted the charge-sheet against the accused-appellant for the offences punishable under Sec. 376 & 506 of IPC. On receipt of the charge-sheet, the learned SDJM, Bishalghar, West Tripura took cognizance of the offence, and after observing all formalities, committed the case to the Court of learned Sessions Judge, West Tripura. The learned Sessions Judge transferred the case to the Court of learned Addl. Sessions Judge. At the commencement of trial, charge was framed against the accused under Sec. 376 and 506 of IPC to which the accused pleaded not guilty and claimed to be tried.