DIPAK DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appeal arises out of the judgment dtd. 3/4/2024 and sentence dtd. 6/4/2024 passed by learned Additional Sessions Judge, Gomati Judicial District, Udaipur whereby the appellant Dipak Debnath was convicted under Sec. 376(2)(l) of the Indian Penal Code (for short IPC) and was sentenced to suffer rigorous imprisonment for 10(ten) years and to pay fine of Rs.25,000.00.

(2.) The FIR was lodged by the mother of the victim (PW-1) on 20/6/2020 at Kakraban police station alleging, inter alia, that on 16/6/2020 at around 10.00 am, she went to Mirza market to consult a doctor leaving her disabled daughter (the victim) and one grandson (aged about 3 1/2 years) in the house, and at around 01.30 pm when she returned, she learnt from her said grandson that the appellant had committed some filthy acts with her daughter. Thereafter, on asking her daughter also told her that the appellant coming to her house initially asked her daughter about the informant and hearing that she had gone to market, he pulled the victim on the backside of their house and raped her there. Thereafter, the informant informed the matter to the wife of the appellant and also neighbours, Sri Sital Sarkar (PW-3) and the Pradhan of their gram panchayat. The Pradhan thereafter instructed her to take recourse of law and then the FIR was lodged by her with an explanation that delay in lodging the same was occasioned as the victim was a disabled person unable to speak properly.

(3.) The police authority registered the FIR as Kakraban PS case No.53 of 2020 under Sec. 376(2)(l) IPC and Sub-Inspector Smt. Madhabi Debbarma (PW-17) conducted the investigation and finally laid the charge sheet under Sec. 376(2)(l) IPC against the appellant.