SUMAN BARMAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal under Section 374 of CrPC is directed against the judgment and order of conviction and sentence dated 28.09.2010 passed by learned Sessions Judge, West Tripura, Agartala, in case No.S.T.89/2009, whereunder, the learned Sessions Judge found the accused-appellant guilty of committing offence punishable under Section 376 read with Section 511 of IPC and sentenced him to suffer RI for five years and to pay a fine of Rs. 5,000/-(rupees five thousand), in default of payment of fine to undergo further RI for six months and for commission of offence under Section 366 of IPC further sentenced him to suffer RI for three years and to pay a fine of Rs. 2,000/-(rupees two thousand), in default of payment of fine to suffer further RI for two months. Learned Sessions Judge, however, directed that both the sentences shall run concurrently.

(2.) Heard learned counsel, Ms. R. Purkayastha for the appellant and learned P.P., Mr. A. Ghosh for the State respondent.

(3.) Prosecution case, in short, is that on 21.06.2008 at about 12.00 noon, Arpita(actual name kept concealed)(PW6), went to Lake Chowmuhuni market to search for her mother, Sikha Dutta(PW8), who had gone to market for some purchase. In the market Arpita met a boy who allured her to go with him to his residence at Indranagar and, accordingly, the boy took her to his rented house at Indranagar, in the house of one Nantu Saha. The boy collected the keys of the house from his neighbor, Jyotsna Saha(PW9), opened the door and took the victim girl in the hut, stripped off her garments and committed rape on her.