SUKUMAR DEBBARMA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Sec. 374 of the Cr.P.C. has been filed by the appellant Sri Sukumar Debbarma against the judgment and order of conviction and sentence dated 10.12.2010 passed by the learned Addl. Sessions Judge, Agartala, West Tripura in S.T. 136 (WT/A) 2009 whereby and whereunder the appellant was convicted under Sec. 376(1) of the IPC and sentenced to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Rs. 5,000/ -, i.d., to suffer further rigorous imprisonment for one year.

(2.) Briefly stated the prosecution story is that on 3.3.2009, the father of the victim girl, namely, Shri Dibananda Debbarma, (P.W. 7) lodged a complaint to the Officer In -Charge, Radhapur P.S., Khomulwng, West Tripura that on 7.7.2008 at about 4 p.m., when her daughter (P.W. 8), who was a student of Class VI of Jambejoy Nagar High School, was returning home from her school, the accused appellant with a knife in his hand, allured his daughter on the way beside his house with the prospect of marriage, pulled her inside the jungle and committed sexual intercourse upon her by force. The accused appellant had also developed such physical relationship in this manner 4/5 times more thereafter. In the result, her daughter had become pregnant of eight months. The complainant, father of the prosecutrix, when he came to know about the said incident, informed to the villagers. He also went to the parents of the accused appellant. But he was threatened by them and also chased with dao and lathi with a view to killing him. On 8.2.2009, at about 1 a.m., the accused persons attacked the house of the complainant. Consequently, he along with his family members left his house at Alonga Mohan Para and went to Jaruilong under Teliamura P.S.

(3.) On the basis of the said complaint, a police case, namely, Radhapur P.S. case No. 07 of 2009 was instituted on 3.3.2009 against the accused appellant, his parents and brother for committing offence punishable under Ss. 376/506/34 IPC.