SAJAL CHAKRABORTY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.02.2011 delivered by the learned Sessions Judge, West Tripura, Agartala in case No. ST 53 of 2008 whereby he held the accused guilty of having committed an offence punishable under Sec. 376(2)(f) of the IPC and sentenced him to suffer rigorous imprisonment for 10(ten) years and to pay fine of Rs. 2000/ - and in default of payment of fine to suffer further simple imprisonment for two months.

(2.) This is a heart -rending case where the appellant has been convicted of having raped his minor daughter aged 9(nine) years.

(3.) The prosecution story briefly stated is that a complaint was lodged by the wife of the appellant who is the mother of the victim on 16.08.2007. In this complaint she alleged that after she returned from a neighbour's house after attending a wedding on 07.05.2007 at about mid night she had seen her husband committing rape on their minor daughter in the dwelling hut. She again saw her husband raping their daughter a few days later in the jungle. According to her she did not make a complaint immediately since she was ashamed about the incident and she was threatened by the husband. To avoid public scandal and public disgrace she did not report the matter.