SAMRAT BAHADUR THAPA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel appearing for the appellant as well as Mr. R. C. Debnath, learned Addl. PP appearing for the State.

(2.) This is an appeal under Section 374(2) of the Cr.P.C. from the judgment of conviction dated 05.04.2014 delivered in ST94 of 2013 by the Sessions Judge, West Tripura, Agartala. In consequence of the said judgment dated 05.04.2014, the appellant has been sentenced to suffer RI for six months and to pay a fine of Rs.2,000/-, in default to suffer RI for a period of one month for committing offence punishable under Section 417 of the IPC.

(3.) The genesis of the prosecution is rooted in the written ejahar filed by the victim, the name withheld for protecting her identity, (PW-1) on 20.01.2012 at about 9.45 pm disclosing an occurrence of 13.01.2012 at about 8 am. The victim has stated that she had developed love affairs with the appellant who was a driver and they got very close even the appellant contemplated to marry her. On 13.01.2012, the day of occurrence, at about 5.30 in the evening the appellant asked her to board the vehicle from the vicinity of the GB auto stand saying that he would drop her to her residence but they travelled through various places and thereafter at about 8 pm the appellant stopped his vehicle at a secluded place near a concrete bridge at Barjala and forcibly committed rape against her will by tempting her with the prospect of marriage. Then he dropped her at the circuit house area. She informed immediately her mother of the whole incident. On the following day, the appellant told her that he would visit their house with his guardian to discuss about their marriage. The grievance of the victim has been recorded in the written ejahar as under: