PRAKUSH DEBBARMA 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 14.09.2012, passed by learned Addl. Sessions Judge, Khowai in Sessions Trial Case No. ST 14(WT/K)2011, where -under, learned Addl. Sessions Judge found the accused -appellant guilty of committing offence punishable under Sections 451 and 354 of IPC and sentenced him to suffer R.I. for 2(two) years and to pay a fine of Rs. 1000/ - in default of payment of fine to suffer S.I. for 1 month under Section 451 of IPC and to suffer R.I. for 2(two) years and to pay fine of Rs. 5000/ - in default of payment to suffer S.I. for 5 months under Section 354 of IPC and further directed that the sentences shall run concurrently.

(2.) HAVING felt aggrieved, the convict -accused (appellant) preferred the present appeal challenging the judgment and order of conviction and sentence.

(3.) PROSECUTION case is that, on 29.05.2010 at about 15 -15 hours, the victim prosecutrix 'Sarala' (actual name kept concealed) lodged an FIR in writing before the O.C., Champahowar P.S. alleging that on 28.05.2010 at about 11 -00 p.m., the accused -appellant entered in her house and asked her to give a glass of drinking water and when she offered the glass of water the accused caught hold her hand and dragged her away from the hut and committed rape on her. She raised alarm but nobody arrived there. At that time, the accused found her husband returning home and on seeing her husband, he fled away.