MAHARAM ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Cr.P.C. from the judgment of conviction dated 12.02.2015 delivered in Case No. S.T.72 (ST/U)2013 by the Sessions Judge, Gomati Judicial District, Udaipur. The appellant has been convicted by the said judgment dated 12.02.2015 under Section 376(1) of the IPC and sentenced to suffer rigorous imprisonment for 7(seven) years and to pay fine of Rs.10,000/- with default imprisonment and further convicted under Section 341 of the IPC. For commission of offence under Section 341 of the IPC, the appellant has been sentenced to pay file of Rs.500/- with default imprisonment.

(2.) The genesis of the prosecution case can be located in the written ejahar dated 11.5.12 [Exbt.P/1] filed by PW-4, the victim (name withheld for purpose of protecting her identity) disclosing to the Chief Judicial Magistrate, South Tripura, Udaipur, as he then was, that on 07.05.2012 at about 1.30 pm while the victim along with her minor daughter namely Kulsum Begum (PW-5) was returning from their paddy land, they were intercepted by one Maharam Ali, the appellant. The appellant kicked and pushed her down to the ground. Thereafter, the appellant allegedly raped the victim (PW-4). After committing rape, the appellant left the place. She and her minor daughter raised alarm when one Namita Deb (PW-10) appeared in the place of occurrence. On returning home, both the victim and her daughter narrated the entire incident to her husband.

(3.) The said complaint was filed in the Court of the Chief Judicial Magistrate who transmitted the complaint for investigation by the police under Section 156(3) of the Cr.P.C. On the basis of the said complaint, Kakraban P.S. Case No.93/2012 under Sections 341/323/376 of the IPC was registered and taken up for investigation. On completing the investigation, the final report was filed charge-sheeting the appellant. Since the offence under Section 376(1) of the IPC is exclusively triable by the Sessions Court, the police papers were committed to the court of the Sessions Judge, South Tripura, Udaipur. The Sessions Court after taking cognizance, framed the charge against the appellant under Sections 341/323/376(1) of the IPC separately. The appellant, however, pleaded innocence and claimed to face the trial.