PINTU MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE appellant has been convicted for committing the offence punishable under Section 376(1) and 417 of the I.P.C. by the judgment and order dated 12.01.2011 delivered in Sessions Trial No.26(NT/K)/2010 by the Additional Sessions Judge, North Tripura, Kailashahar.

(2.) THE prosecutrix (name withheld for protecting her identity) by filing an F.I.R. to the Officer -in -Charge, Kumarghat Police Station on 24.05.2009 (Exbt.P/5) disclosed that the appellant often cohabited with her on promise of marrying her. Even she became pregnant and at the instance of the appellant she had aborted the pregnancy. Later on, the appellant had refused to marry her. There had been social negotiations but that did not bring effective result. The police had investigated the matter and filed the charge sheet under Sections 376(1), 417 and 315 of the I.P.C. The Magistrate after taking cognizance committed the case to the Sessions Judge, Kailashahar, North Tripura who had transferred the case for trial to the Court of Additional Sessions Judge, North Tripura, Kailashahar. The charge under Sections 417, 316(1) and 315 of the I.P.C. was proposed and framed against the appellant when the appellant claimed total innocence and to face the trial.

(3.) ON appreciation of the evidence, the Additional Sessions Judge, North Tripura, Kailashahar had convicted the appellant under Sections 376(1) and 417 of the I.P.C. and acquitted him from the charge framed under Section 315 of the I.P.C. The appellant has been sentenced to suffer rigorous imprisonment for 10(ten) years and to pay fine of Rs.20,000/ - (Rupees twenty thousand) in default, to suffer another 6(six) months rigorous imprisonment for the offence punishable under Section 376(1) of the I.P.C. The appellant has further been sentenced to suffer 6(six) months rigorous imprisonment for the offence punishable under Section 417 of the I.P.C.