JILAL UDDIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment and order dtd. 25/8/2015 passed in case No. ST/T- 1/0000011/2014 by the learned Sessions Judge, North Tripura, Dharmanagar whereby the learned Sessions Judge convicted the appellant for committing offence punishable under Sec. 376(1) of IPC and sentenced him to suffer RI for a period of 7 years with a fine of Rs.3,000.00 and in default of payment of fine money, to undergo further RI for three months.

(2.) Heard Mr. D Datta, learned counsel appearing for the appellant as well as Mr. B Choudhury, learned PP appearing for the State.

(3.) The gravamen of the prosecution case is that the prosecutrix lodged a complaint stating inter alia, that she along with her sister went to celebrate the Fira Rath (return of chariot) celebration on 18/7/2013 AD at 5 O'clock. While they were returning home at about 7 O'clock at night and reached at Sutradhar para the accused-appellant obstructed their road and told her that he had some talks with her. She replied that if he had any talks with her he should go to her house. The accused immediately pressed her mouth with the threat of killing her and took her into the jungle beside the road and forcibly raped her against her will and escaped after committing the rape. She returned home in a helpless state from the place of occurrence and told her mother and others about the incident.