TRITHIT DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 23.02.2012 passed by learned Additional Sessions Judge, Khowai, in Criminal Appeal No.10 of 2011, whereunder the judgment and order of conviction and sentence dated 15.11.2011 passed by learned Sub-Divisional Judicial Magistrate, Khowai in Case No. G.R.277 of 2009 has been upheld.

(2.) Heard learned counsel, Mr. D. C. Saha for the accused-petitioner and learned P.P., Mr. A. Ghosh for the Staterespondent.

(3.) Prosecution case is that the informant victim Nirulata Debbarma had love affairs with accused-petitioner, Trithit Debbarma, and following the love affairs they had undergone sexual relation and as a result she got pregnant. While she was pregnant her marriage was solemnized with the accused on 05.08.2008 and thereafter she went to her husband's house and she gave birth a male child on 12.12.2008. It is alleged by the victim Nirulata Debbarma that her husband, father-in-law and mother-in-law started torture on her both physically and mentally since after marriage and they demanded Rs.50,000/-. The demand could not be fulfilled by her and so, after 15 days of marriage she was driven out from her matrimonial home. After the birth of child she again went to her husband's house and lived there for 24/25 days, but thereafter again she was driven out of the matrimonial home on demand of Rs.50,000/-. Finally on 05.03.2009 she took shelter to her paternal home on being driven out by the accused persons from her matrimonial home.