PRASENJIT LODH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal was originally filed by Sri Parimal Lodh who was convicted by the learned trial Court of having committed an offence punishable under Sec. 376(1) of the I.P.C. and sentenced to undergo 10 years Rigorous Imprisonment(RI) and pay a fine of Rs. 10,000/ -, in default of payment of fine to undergo further RI for 1(one) year.

(2.) The prosecution was set in motion when an FIR was lodged on 3rd January, 2010 with the West Agartala Police Station. In this FIR it was mentioned that the accused Parimal Lodh had raped the victim girl aged about 17 years who was the daughter of the informant. In the very said complaint it was mentioned that the victim girl was pregnant and admitted to I G M Hospital, Agartala. It was further mentioned that on 2nd January, 2010 she was admitted in the hospital. Thereafter the investigation was carried out by the police, statement of the victim was recorded and finally, charge sheet filed against Sri Parimal Lodh. The gravamen of the charge is that about 6 or 7 months prior to 3rd January, 2010 on one occasion the deceased appellant Parimal Lodh had seduced the victim girl, taken her to his house on the pretext of performing puja and thereafter raped her. It was also stated that thereafter the victim girl and the accused had sex on a few occasions.

(3.) The victim appeared as her own witness. According to her, she was offering puja at her own house. At that time the accused called her from the road and asked her to go to his own house to offer puja in his house. She went to his house and was offering puja in his house and then the accused dragged her to the kitchen, removed her dress and committed forcible sexual intercourse with her. She also stated that the accused threatened her not to disclose this incident to any person otherwise, he would kill her and her parents and therefore, she did not disclose this fact to anybody.