SAMARJIT DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Section 374(2) of the CrPC is directed against the judgment of conviction dated 14.01.2019 delivered in Case No. ST(WT/A)36 of 2011 by the Sessions Judge, Khowai District, Khowai. This appeal questions as well the consequential sentence.

(2.) The prosecution against the appellant was initiated on the basis of the complaint [Exbt-2, Exbt-4, Exbt-5, Exbt-8 and Exbt-D/2] filed by the victim (the name is withheld for protecting her identity). It has been revealed in the said complaint that "love relationship grew between the accused person and me (the victim)" over a long time. The accused person, the appellant herein, promised her of marriage. The accused person used to come to the victim's house. They became very intimate. On 18.07.2010, the accused invited her at his "residence" at about 9 O" clock at night "in order to talk in various matters about our marriage". It has been alleged that the accused told the victim that he would wait for her near the Gouranga Tilla School at that time. She went near the appointed place. At that time, the accused told her that he would marry her. He took her to a deserted place besides the said school and then the accused person undressed her and raped her forcibly against her will (as stated in the complaint). It has been also alleged in the complaint that the accused enjoyed her several times by giving her the allurement of marriage. It has been alleged further that the accused person was taking efforts to get married with someone else. On the basis of the said complaint filed on 10.01.2010 Kalyanpur PS Case No.51/10 under Section 376/406 of the IPC was registered on 02.08.2010 and taken up for investigation.

(3.) On completion of the investigation, the final police report charge-sheeting the accused person was filed. The police papers were committed to the court of Additional Sessions Judge, West Tripura, Khowai as it then was. On scrutiny of the police papers, the charge was framed against the appellant under Section 376 of the IPC on 26.09.2011 for committing sexual intercourse with the victim forcefully against her will at any time after 2100 hrs on 18.07.2010. The accused the appellant herein, denied the charge and claimed to be tried in accordance with law.