RATNESWAR DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Cr.P.C. by the convict, hereafter referred to as the appellant, questioning the judgment of conviction dated 15.12.2011 delivered in ST 18 (ST/B) of 2011 by the Addl. Sessions Judge, Belonia, South Tripura. By the said judgment, the appellant has been convicted under Sections 448 and 376(1) of the I.P.C. As consequence of that conviction, the appellant has been sentenced to suffer rigorous imprisonment for a period of one year for committing the offence punishable under Section 448 of the I.P.C. and rigorous imprisonment for 10(ten) years and to pay a fine of Rs.50,000/- with default sentence of 3(three) years for committing the offence punishable under Section 376(1) of the I.P.C.

(2.) The complaint dated 30.06.2001 filed by the prosecutrix (name withheld for protecting her identity) disclosed that the appellant with intention to commit offence entered in their house and against her will and on applying force, the appellant violated her person in the afternoon at about 3.50 pm committed rape. On hearing her groaning, when her father 'broke open the door' of a room situated in the varandah where the prosecutrix was pushed inside, the appellant fled away.

(3.) Based on the said complaint, Baikhora Police Station Case No.27 of 2001 under Section 376(1) of the I.P.C was registered and taken up for investigation. On completion of the investigation, the police filed the final report chargsheeting the appellant under Sections 448/376(1) of the I.P.C.