RUKAN MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the convict Rukan Miah is directed against the judgment dated 24.05.2008 delivered by the learned Sessions Judge, North Tripura, Kailasahar, whereby he convicted the accused of having committed offences punishable under Section 457/376(1) of the Indian Penal Code. The accused was sentenced to undergo seven years rigorous imprisonment and to pay fine of Rs. 5,000/ - in respect of the offence punishable under Section 376(1) of Indian Penal Code and in default of payment of fine to undergo rigorous imprisonment for one year.

(2.) THE case was set in motion on the basis of a complaint lodged by the prosecutrix with the Police Station, Kailasahar, North Tripura on 14.01.2007 wherein she alleged that on the night intervening 11.01.2007 and 12.01.2007 at about 2.00 a.m. the accused Rukan Miah entered into her house by breaking open the bamboo door and, thereafter, kept a knife on the neck of her four month old minor child and then raped her. After she was raped the prosecutrix raised an alarm and her mother in law came running. Since her husband was not at home she did not file the complaint immediately.

(3.) SRI Nath, appearing for the convict has raised the following nine contentions before me, -