SHRI RINKU NATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) The instant appeal under section 374 of the Code of Criminal Procedure, 1973 has been preferred by the convict-appellant against the judgment dated 17.8.2016 passed by the learned Sessions Judge, North Tripura, Dharmanagar convicting the appellant for offence under section 451/376(1) Penal Code and sentenced him to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 40,000.00, in default of payment of fine to suffer R.I. for another 8 months.

(2.) As per the case of the prosecution, PW-1 filed ejahar Ext.1 with the Officer in charge of Kanchanpur Police Station on 29.11.2015 at 5 o'clock in the evening to the effect that on 28.11.2015 at about 7 p.m. the accused-appellant entered her hut by opening the "beng" of the door (wooden lock) and she was alone with her son aged 5 years and at that time her husband was at Satnala for collecting his wages for cutting paddy and taking opportunity of her loneliness the accused-appellant caught hold of her and gagged her by muffler and led her on bed and forcibly committed rape on her and after committing rape he gave her Rs. 100.00 she threw the money on the floor and he threatened her not to divulge the matter to anyone, else he would kill her husband and son. The delay was caused in lodging the ejahar in fear of social stigma.

(3.) The Officer in charge of Kanchanpur Police Station received the ejahar and registered Kanchanpur P.S. case no.2015 KCP 0112 under section 457/376(1)/506 of Penal Code and after investigation charge-sheet was submitted against the accused-appellant under section 457/376(1)/506 of IPC.