BUDDHADEB DEBNATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal by the convict, hereafter referred to as the appellant, questions the legality of the judgment of conviction dated 10.08.2011 delivered in case No.S.T 69 of 2010 by the Addl. Sessions Judge, Court No.3, West Tripura, Agartala convicting the appellant for committing offence punishable under Section 448 and 354 of the I.P.C. As consequence of the said conviction, the appellant has been sentenced to suffer rig orous imprisonment for one year for committing offence punishable under Section 448 of the I.P.C. and rigorous imprisonment for two years for committing offence punishable under Section 354 of the I.P.C. with a direction that the sentence shall run consecutively.

(2.) On 15.04.2010 the prosecutrix, the name withheld for protecting her identity by filing a written Ejahar disclosed that the appellant suddenly entering in her room at about 3 O'clock in the evening on 15.04.2010 tried to commit rape by pressing her mouth.

(3.) Based on the said written Ejahar, Bishalgarh P.S. case No.54/2010 under Sections 376/511 of the I.P.C. was registered and taken up for investigation. After completion of the investigation, the charge sheet was filed against the appellant and having taken cognizance, the matter was committed to the court of Sessions and finally, the case was transferred to the court of the Addl. Sessions Judge, West Tripura, Court No.3, Agartala, who framed the charge under Section 448 and 376(1) read with Section 511 of the I.P.C., to which the appellant pleaded innocence and claimed to face the trial.