RAKESH RUDRAPAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of CrPC is directed against the judgment and order dated 07.06.2010 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No.1(1) of 2010 whereunder the learned Sessions Judge confirmed the judgment and order of detention and fine dated 17.12.2009 passed by the Juvenile Justice Board, West Tripura, Agartala in case No. Juvenile 74/W/BLG/08, which corresponds to G.R. No.1027 of 2006 under Section 417 of IPC read with Section 15 of the Juvenile Justice (Care & Protection of Children) Act, 2007.

(2.) Heard learned counsel, Mr. Samar Das for the petitioner and learned P.P., Mr. A. Ghosh for the State respondent.

(3.) Prosecution case, in short is that the houses of the petitioner and the victim(PW2) are situated in the same locality, adjacent to each other and the petitioner used to work in his house as a potter. At day time the victim (PW2) used to stay alone in her house being her parents used to go away to work and her younger brother and sister used to go to school. Taking advantage of loneliness of the victim the petitioner used to visit the house of the victim at day time and would offer to make love with her. He promised to marry her and thereby started sexual intimacy with the victim. Such illicit sexual relation continued for 7/8 months. The petitioner undergone intercourse with the victim on several occasions giving assurance of marriage and the victim did not disclose the fact to anybody. When she became pregnant she asked the accused to marry her but the accused denied. The fact of pregnancy was disclosed to her mother on the day of Maha-astami Puja of Durgapuja festival of the year 2006 and she was badly treated by her parents for such having premarital sexual relation with the petitioner. At the instance of the parents of the victim a village panchayat vaithak was held wherein the petitioner was also called but the petitioner disowned the responsibility of pregnancy of the victim. Thereafter father of the victim(PW1) lodged the FIR on 10.10.2006 before Amtali P.S. and accordingly Amtali P.S. Case No.69 of 2006 under Sections 417, 493, 376 of IPC was registered and after investigation charge sheet was submitted against the petitioner for commission of offence under Sections 417 and 376 of IPC.