RAJU MOG SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal, under Section 374 of Cr.P.C., is directed against the judgment and order of conviction and sentence, dated 31.05.2011, passed by learned Addl. Sessions Judge, Khowai, West Tripura in connection with Sessions Trial Case No. ST 49(WT/K) of 2009 where-under the learned Addl. 2 Sessions Judge found the accused appellant guilty of committing offence punishable under Section 376(1) of IPC and sentenced him to suffer R.I. for 7(seven) years and to pay a fine of Rs.20,000/- in default of payment to suffer S.I. for 6(six) months.

(2.) Heard learned Counsel Mr. H.K. Bhowmik for the appellant and learned Additional Public Prosecutor Mr. R.C. Debnath for the State-respondent.

(3.) Prosecution case, is that on 06.06.2009 at about 5-30 p.m. the victim prosecutrix (name kept withheld) went to Khowai river to take a bath. At that time the accused appellant came from behind, caught her and pulled her to the sand embankment of the river and committed rape on her for 10/15 minutes after forcefully un-wearing her clothes. She could not raise alarm as the accused gagged her mouth. FIR was lodged on 07.06.2009 at about 4-00 p.m. alleging the incident and it was further stated that after the incident the matter was reported to the village Matabbars but no action was taken by the village Matabbars and therefore, there was delay in lodging the FIR.