NAYAN DEBNATH @ SUBHANKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 03.05.2014 passed by learned Sessions Judge, South Tripura, Udaipur in Case No. S.T.58(ST/U) 2013.

(2.) Heard learned senior counsel, Mr. P. K. Biswas, assisted by learned counsel, Mr. P. Majumder for the appellant and learned Additional P.P., Mr. R.C. Debnath for the Staterespondent.

(3.) The victim prosecutrix Kalpana (actual name kept withheld) set the law in motion by filing an FIR in writing before the Officer-in-charge of Nutun Bazar P.S. on 02.10.2011 alleging that she developed love affairs with accused Nayan Debnath @ Subhankar, a resident of Nutan Bazar Bangali Para, and that Nayan Debnath during a period of six months before that day set up physical relation with her tempting/alluring her the prospect of marriage. On that day, i.e., on 02.10.2011 at about 8-30 pm the accused called the prosecutrix near ADC office adjacent to Jatanbari Dak bungalow and set up physical relation with her and at that time Biswajit Saha and Kanchan Majumder caught them red-handed, but subsequently the accused Nayan Debnath fled away. The FIR was lodged at 2245 hours and accordingly, O/C registered Nutan Bazar P.S. Case No.43/2011 under Section 417 and 376 of IPC and an investigation was taken up.