DHIRULAL DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal from the judgment of conviction dated 27.09.2014, delivered in Sessions Trial No. 71(ST/U 2013) by the Sessions Judge, Gomati Judicial District Udaipur. By the said judgment, the appellant has been convicted under Sec. 376(1) and Sec. 448 of the IPC. Consequentially, the petitioner has been sentenced to suffer rigorous imprisonment (RI) for 7 years with fine of Rs. 5000/ - with default imprisonment for committing the offence punishable 376(1) of the IPC. The appellant has been further sentenced to suffer RI for six months for commission of offence punishable under Sec. 448 of the IPC. The sentences are to run concurrently.

(2.) PW -9, the prosecutrix (her name has been withheld for protecting her identity) lodged the written ejahar on 12.7.2012 in Kakraban Police Station disclosing that on the previous night at about 11 p.m. the appellant entered her room and raped her by applying force. She cried out and inmates of their house and the people from the neighbourhood appeared in her room and nabbed the appellant almost undressed. Based on the said ezahar (Exbt. P/1) Kakraban P.S. Case No. 124/12 under Sec. 454/376 IPC was registered and taken up for investigation.

(3.) On completion of investigation, the final police report under Sec. 173 of the Cr.P.C. was fled charge -sheeting the appellant. As the offence allegedly committed by the appellant was exclusively triable by the court of Session, the police papers were committed to the court of the Sessions Judge, South Tripura, Udaipur. On transfer, the charge was framed against the appellant under Sec. 376(1) and 457 of the IPC separately by the Assistant Sessions Judge, South Tripura, Udaipur. The charge as framed was completely denied by the appellant and he pleaded total innocence claiming to face the trial.