RAJU NAMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Ghosh, learned counsel appearing for the appellant as well as Mr. B. Choudhury, learned P.P. appearing for the state.

(2.) This is an appeal by the convict, hereinafter referred to as the appellant, from the judgment and order of conviction and sentence dated 18.05.2015 delivered in Case No. S.T. 105 of 2010 by the Addl. Sessions Judge, Court No.2, West Tripura, Agartala. By the said judgment dated 18.05.2015, the appellant has been convicted under Section 376(1) and 366 of the IPC for commission of offence of rape and abduction with diabolical intention to force the victim marry. Pursuant to the conviction, the appellant has been sentenced to suffer 10(ten) years rigorous imprisonment with fine of Rs.10,000/- (ten thousand) with default stipulation for committing offence punishable under Section 376(1) of the IPC and rigorous imprisonment for 7(seven) years with fine of Rs.5,000/- (five thousand) for commission of offence under Section 366 of the IPC.

(3.) The genesis of the prosecution is located in the written ejahar [Exbt.2] filed by one Lili Nath Bhowmik [PW-2] disclosing that on 26.03.2009 when her daughter (name withheld for protecting her identity) was approaching to her school she was forcibly taken away with intention to forcibly marry her and later on, taken to the different destinations. Having the information, the informant [PW-2] first rushed to the house of one Chalana Nama, the resident of Nalchar as the lady was the sister of the appellant. But PW-2 expressed that she did not know the whereabouts of her brother. Thereafter, she collected information that one Sajal Nama of village, East Nalchar had taken away her minor daughter along with Raju Nama to another place, out of fear of police.