SUKU CH.DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the convicted accused Suku Ch Debbarma is directed against the judgment, dated 11.01.2012, passed by the learned Assistant Sessions Judge, West Tripura, Agartala in case No.S.T.46 of 2008 whereby the learned trial Court convicted the accused of having committed offences punishable under sections 354 and 307 of I.P.C. For the offence under section 354 of I.P.C the appellant was sentenced to undergo rigorous imprisonment(RI) for 2(two) years and for the offence under section 307 of I.P.C he was sentenced to undergo RI for 10 years. Both the sentences were ordered to run consecutively.

(2.) ON 10.10.2007, the prosecutrix filed a written complaint to the Officer -in -Charge of Mandai Police Station alleging therein that on 5.10.2007, at about 9.15 a.m, when she and her father -inlaw were alone in the house, her father -in -law i.e. the accused Suku Ch. Debbarma caught hold of her and embraced her from behind and thereby tried to commit rape upon her. She somehow saved herself. After a while her father -in -law told her to fetch a bucket of water and soap from the well. When she went to collect water, her fatherin -law came from behind and threw her into the water and during this scuffle her glass bangles broke. She raised an alarm and then her father -in -law also stepped inside the well and tried to kill her. On hearing her cries, one Sri Swarna Kr. Debbarma came and rescued her.

(3.) THE prosecutrix stepped into the witness box and stated that the accused was her father -in -law. According to her, on 05.10.2007, at about 9.15 hrs., she was alone in the house. The accused asked her to serve rice and also asked her to get water from the well. He embraced her from the waist and thereby attempted to commit rape upon her. When she went to the well to bring water, then he came from behind and tried to make her fall in the well. She raised an alarm but he pushed her inside the well. In the meantime, the neighbouring people came and rescued her. She also states that her father Sena Rai Debbarma came and took her to his house. She narrated the incident to her parents who took her to Takarjala hospital. She also stated that during this incident her bangles were broken. She lodged the complaint on 10.10.2007. She has been crossexamined by the appellant and has been confronted with the FIR in which there is no mention that her father came and she was taken to Takarjala hospital. Even in her statement, recorded under section 161 Cr.P.C, there is no such mention. She admits that in the house of her in -laws her mother -in -law who was aged about 55/56 years also resides. Her husband, who was employed in the Assam Rifles, was in Kolkata at the relevant time. She admits that her husband has three sisters and the eldest sister is Sampari. She also admitted that the husband of Sampri was residing in the same house as 'Gharjamai ', another sister Mandamukhi was unmarried and also residing in the same house. The third sister Rakhi along with her husband also used to stay in the same house. She however denied the suggestion that all the above persons were present at the time of the occurrence in the house.