ANANDA KIRTI JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dtd. 29/5/2015 passed by the learned Sessions Judge, Gomati District, Udaipur in ST 27(ST/U) of 2014 whereby and whereunder the appellant was convicted and sentenced to undergo RI for 12 years and to pay a fine of Rs.20,000.00, i.d. to suffer SI for six months under Sec. 376(1) of IPC.

(2.) The prosecution case in brief is as under:

(3.) On receipt of the said written complaint/ejahar, the OC Killa P.S. registered an FIR being 02/2014 dtd. 22/1/2014 under Sec. 376(d) of the IPC (Exhibit-P 1/1). The Officer-in-charge Bipin Debbarma (PW9) himself took up the investigation and he visited the place of occurrence, prepared the hand sketch map, seized school certificate of the victim prosecutrix by preparing seizure list (Exhibit-2 series). He also recorded the statements of witnesses and arrested the two accused persons, arranged medical examination of the victim girl and also collected the medical report accordingly. The said investigating officer also ensured the recording of the statement of the victim under Sec. 164(5) of the CrPC. After that, on his transfer, the investigation was handed over to one Manik Lal Nandi (PW10) who after taking up the investigation recorded the statement of Dr. Manik Jamatia (PW3) and after completion of investigation, being satisfied with the prima facie evidence against the accused appellants, submitted charge- sheet against both of them under Sec. 376(d)/120B of the IPC.