SHIBU ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal, under Section 374(2) of Cr.P.C., is directed against the judgment and order of conviction and sentence, dated 19.01.2011, passed by learned Addl. Sessions Judge, Court No.3, West Tripura, Agartala, in Sessions Trial Case No. ST 19/2010. The accused-appellant was charged for commission of offence punishable under Section 376(1) of IPC and the learned Addl. Sessions Judge while found the accused-appellant guilty of the charge, sentenced him to suffer R.I. for 7 years and to pay a fine of Rs.2000/- in default to payment of fine to suffer further R.I. for 6(six) months.

(2.) Heard learned counsel Mr. D. Bhattacharjee for the appellant and learned Additional Public Prosecutor Mr. R.C. Debnath for the State-respondent.

(3.) Prosecution case, in short, is that on 28.10.2008 at about 11:00 a.m. P.W.5, the victim prosecutrix (name kept concealed), hereinafter mentioned as 'Sarala' was alone in her house at Rabindranagar Roy Para, under East Agartala P.S. and at that time, the accused-appellant Shibu Roy went in her house and asked her for a glass of water. When she offered the glass of water, the accused caught hold her, forcefully laid her on a cot, tied her mouth with a napkin and thereafter committed rape on her. At that time, Smt. Niva Das (P.W.6) went to the house of the victim and found the door was closed from inside and when she knocked the door, Sarala opened the door and she found mouth of Sarala was tied with a napkin. The accused in the meantime, left the house through the backside door. The victim-prosecutrix Sarala disclosed the incident to P.W.6, Niva Das and she reported it to the mother of Sarala i.e. P.W.4, Smt. Jyoti Das. P.W.4 enquired about the occurrence with the victim and the victim narrated the same.