SANJIB PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel appearing for the appellant. Also heard Mr. Ratan Datta, learned Public Prosecutor appearing for the State-respondent and Ms. V. Podder, learned counsel appearing for the de-facto respondent.

(2.) This criminal appeal under Sec. -374 of the Code of Criminal Procedure is directed against the judgment and order of conviction dtd. 11/2/2021 and 12/2/2021, passed by the learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala, in connection with case No. S.T.(T-1) 10 of 2015, whereby and whereunder, the appellant has been convicted under Sec. s-376(1) of IPC and thereby sentenced him to suffer rigorous imprisonment for 12 years and also to pay a fine of Rs.50,000.00 in default to suffer further RI for 1 year. Further convicted him under Sec. -417 of the IPC and sentenced to suffer RI for 1 year with a fine of Rs.10,000.00 with default stipulations. Both the sentences shall run concurrently.

(3.) The factual background of the prosecution case is that one Bhabana Das, the complainant herein, complained that Sanjib Paul, the accused-person was in love affair with her daughter (name withheld) and being in relationship with her daughter, the accused-person have gone to the extent of developing sexual relationship, which was purely on the assurance of marriage given by the accused-appellant to her daughter. Her daughter being pregnant before the marriage, the matter was decided by both the families to be settled before the birth of the child and decision was taken that Court marriage would be held. Accordingly, 28/2/2014 was finalized for the registration of the marriage in the Court but, neither the accused-person nor his family members turned up on that day in the Court. Subsequently, the accused-person informed the daughter of the complainant to come to his house in the attire of a married woman to be accepted as his wife. The daughter of the complainant accordingly, went to his house obeying his instruction but, the accused-person was often mentally and physically tortured by the parents and relatives of the accused-person.