AHAD ALI Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order of conviction and sentence, dated 06.01.2011, passed by learned Sessions Judge, North Tripura, Kailashahar, in Sessions Trial No. 38(NT/K) of 2010 where -under the learned Sessions Judge found the accused -appellant guilty of committing offence punishable under Sections 376(1) and 343 of IPC and sentenced him to suffer R.I. for 6(six) months under Section 343 of IPC and further sentenced him to suffer R.I. for 7(seven) years and to pay a fine of Rs. 10,000/ - in default to payment of fine to suffer S.I. for 6(six) months under Section 376(1) of IPC.

(2.) HEARD learned Counsel Mr. S. Chakraborty for the appellant and learned Public Prosecutor Mr. A. Ghosh for the State -respondent. Prosecution case is that, on 07.03.2009 the victim prosecutrix (name kept withheld) went to the house of her neighbour Attar Ali alias Aktar Ali at about 9:00 a.m. with a view to meet the wife of Attar alias Akhtar Ali but found that except Ahad Ali none was present in the house. When she found that none else was present she was about to leave the house and at that time, Ahad Ali forcefully took her inside the room and locked the room from outside. He had also pointed a sharp weapon to her neck and threatened her to cause injuries and thereafter raped her. He then detained her in his house and did not allow her to go out. For three days she was kept detained in the house and only she was allowed to go out to answer natures call and otherwise she was detained in the house. On 3rd day she came out of the house and was sitting in the back side of the house of Ahad Ali and at that time her mother took her to her house and she disclosed the matter to her mother and her husband and thereafter reported the incident to the village Pradhan and other village elders who assured a respectable settlement but since there was no settlement at the instance of village Pradhan and village elders, she lodged FIR in writing on 04.04.2009 before the O.C., Kailashahar P.S.

(3.) IN course of trial, prosecution examined 10 (ten) witnesses namely -