PRABIR DEBROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment dated 27.11.2007 delivered by the learned Sessions Judge, North Tripura, Kailashahar in Case No. Sessions Trial 10(NT/K) of 2006 whereby he convicted the accused of having committed an offence punishable under Section 376(2)(g) read with Section 457 of the Indian Penal Code (IPC). The accused were sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 5,000/ - each in respect of the offence punishable under Sectiion 376(2)(g) of IPC. With regard to the offence punishable under Section 457 of IPC, the accused were sentenced to undergo rigorous imprisonment for 2(two) years and to pay a fine of Rs.2,000/ - each and in default of payment of fine to suffer rigorous imprisonment for 6(six) more months. Both the sentences were directed to run concurrently.

(2.) Briefly stated, the facts of the case are that on 26.08.1991 at about 8 a.m., an FIR was lodged by the complainant, Sri Aditya Nath (PW -12) to the effect that on the night intervening 25/26.08.1991, at about 2 -30/3 a.m. of 26.08.1991 the accused Prabir Debroy, S/O. Lt. Pratap Debroy and Bibhu Bhattacharjee, S/O. Dharani Bhattacharjee of village Noyapara, Dharmanagar came to his house in village Nidebi. They knocked at the door. His wife came to open the door and they asked her to send the informant out. Thereafter, they pushed the door and entered the hut. The informant came in front of Prabir Debroy who held a revolver at the chest of the informant and forbade him to raise an alarm. Then in the kitchen within the room, Bibhu Bhattacharjee raped the wife of the informant (hereinafter referred to as the prosecutrix). Thereafter, Prabir Debroy raped his wife. Somehow, the informant managed to flee from the room and raised an alarm. The villagers came out and caught hold of Bibhu Bhattacharjee, but Prabir Debroy managed to escape.

(3.) On the basis of this complaint (Exhibit -P/3), the FIR (Exhibit -P/3/1) was lodged. Thereafter, the police started investigation in the matter. However, no charge -sheet was filed immediately against the accused and the charge -sheet was filed in the year 2006 after lapse of 15 years. We shall be dealing with that aspect of the matter in the later part of the judgment. We now proceed to decide the appeal on merit.