ASHU DAS @ NAMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this criminal appeal, the appellant named above, challenged the judgment and order of conviction and sentence dated 30.05.2006 passed by learned Additional Sessions Judge, Belonia, South Tripura in Case No. S.T. 10 (ST/B) 2006 where under learned Additional Sessions Judge found the accusedappellant guilty of committing offence punishable under Section 376(2)(g) of IPC and Section 457 of IPC and sentenced him to suffer R.I. for 11 years and to pay a fine of Rs. 5,000/-, in default of payment to suffer S.I. for 6 months under Section 376(2)(g) of IPC and again sentenced him to suffer R.I. for 2 years and to pay a fine of Rs. 2,000/- in default of payment to suffer S.I. for 2 months under Section 457 of IPC.

(2.) Heard learned counsel, Mr. R. Datta for the appellant and learned Additional P.P., Mr. P. Bhattacharjee for the Staterespondent.

(3.) Prosecution case, briefly stated, is that on 27.05.2002 at about 2300 hours, 'Anima' (actual name kept concealed), the informant (P.W. 7) was sleeping in her hut with her two minor brothers. Her parents, aunt and grandmother were away from the house at Nripendranagar to see an ailing relative. At that point of time, the accused-appellant Ashu Das, who was a driver by profession and another Azad Hossain Chowdhury, both co-villager of 'Anima' broken open the door of the hut, entered in the room and forcibly committed rape on her one after another. Her two minor brothers raised alarm and at the time of occurrence, they went out and reported the neighbourers. The neighbouring people rushed to the hut and found the accused persons in the hut of 'Anima'. Accused Azad Hossain fled away, but accused Ashu Das was caught red handed by the witnesses, but thereafter, he somehow fled away. 'Anima' reported the incident to the neighbourers that she was raped by the accused persons. She was waiting for return of her parents and when her parents returned, on 29.05.2002, she lodged an F.I.R before O.C., P.R. Bari P.S. and accordingly, P.R. Bari P.S. Case No. 21 of 2002 under Section 457 and 376 (2)(g) of IPC was registered and an investigation was taken up. Accused Ashu Das was arrested by the police in course of investigation and his confessional statement was recorded by learned SDJM, Belonia observing formalities on 03.06.2002. In course of investigation, 'Anima' was medically examined at Belonia hospital by medical officer Dr. Sajal Kanti Saha (P.W. 11) and a report was collected by I.O. Ultimately, on conclusion of investigation, charge sheet was submitted against both the F.I.R named accused persons showing accused Md. Azad Hossain Chowdhury as absconder. On commitment of the case to the Court of Additional Sessions Judge, Belonia, learned Additional Sessions Judge on 01.04.2006 framed charge against the accused under Section 376 (2)(g) of IPC to which the accused pleaded not guilty and claimed to be tried. In course of trial, prosecution examined as many as 11 witnesses. The F.I.R lodged by P.W. 7, the victim prosecutrix Anima has been proved and marked as Exbt. P1 and also proved the medical report of the victim prosecutrix submitted by P.W. 11, which has been marked as Exbt. 3. The hand sketch map of the place of occurrence with index were also prepared and referred in the deposition of P.W. 9, but not formally exhibited.