LAXMAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 22.08.2006 passed by learned Addl. Sessions Judge, West Tripura, Agartala in Criminal Appeal No.18(2)/2005 where-under the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence, dated 24.03.2005, passed by learned Asstt. Sessions Judge, Court No.2, West Tripura, Agartala in Case No.ST(WT/A)138 of 2004. Learned Asstt. Sessions Judge found the accusedappellant guilty of the charge framed against him under Section 376(1)(f) of IPC and sentenced him to suffer R.I. for 3(three) years and to pay a fine of Rs.500/- in default of payment to suffer further R.I. for one month.

(2.) Heard learned counsel Mr. B. Nandi Majumder for the accused-petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State-respondent.

(3.) P.W.1, Smt. Jyostna Chakraborty set the law in motion by filing an FIR in writing on 17.05.2004 alleging that her daughter (name kept withheld), the victim prosecutrix, aged about 13 years used to go to the house of her neighbour Laxman Das with a view to sleep with Jharna Das, daughter of Laxman Das at night for last 7/8 days. On 15.05.2004 during night time, when the victim prosecutrix was sleeping with Jharna, the accused Laxman Das jumped over victim prosecutrix and raped her. On the following day, in the morning, the victim prosecutrix narrated the fact to her mother and she then reported the incident to her neighbours. She, therefore, prayed for investigation and punishment of the accused.