LAWS(TRIP)-2015-3-44

SUKHAMOY DEBBARMA Vs. STATE OF TRIPURA

Decided On March 24, 2015
Sukhamoy Debbarma Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the Order dated 09.07.2007 as well as the order framing charge dated 10.07.2007 passed by the learned Additional Sessions Judge, Khowai, West Tripura in S.T. 42 (WT/K) of 2007 whereby, a Charge under Section 376(1) IPC along with charge under Section 417 IPC was framed against the petitioner -accused.

(2.) AT this stage, this Court does not want to go into the facts in detail because this Court does not want to in any manner to say anything which will affect the trial one way or the other.

(3.) BRIEFLY stated the facts relevant for disposal of this case are that the prosecutrix filed an FIR which was received in the police station on 09.11.2005. In this complaint, she alleged that she and the accused were neighbours and they had fallen in love with each other. She stated that since 2001 she had an affair with the accused. According to the prosecutrix, initially, she was reluctant, but on believing the accused she started a relationship with him. She alleges that she was raped at Kalyanpur by the accused against her wishes and after she had been raped, the accused told her that they should cohabit as man and wife and that he would soon marry her. According to her, under such circumstances she continued the affair with him. In May, 2003, she became pregnant. Her version is that she was taken to the chamber of one doctor at Agartala by the accused and made to undergo an abortion against her wishes. She agreed to get the child aborted since she believed that the accused will marry her. Later, the accused got appointment to the post of Junior Engineer and then came to Agartala. Even thereafter, he used to visit her and they both continued their relationship. However, on 2nd October, 2005 when she asked him that they should get married he refused to give any clear cut answer and she came to know that he is set to marry some other lady, who is also in Government service. On these allegations, the police investigated the matter. The statement of the prosecutrix was recorded under Section 164 Cr.P.C. by the Magistrate, which is similar in nature though more detailed.