SRI RANJIT REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) 1. Heard Mr. R. Dutta, learned counsel representing the appellant as well as Mr. A. Roy Barman, learned Additional Public Prosecutor, State of Tripura.

(2.) This Criminal Appeal (Jail) has been directed against the judgment and order dated 28.03.2015, rendered by the learned Sessions Judge, North Tripura, Dharmanagar in Sessions Case No.ST/T-1/0000016/2014 whereby the appellant was found to be guilty of commission of offence of rape upon the victim prosecutrix (P.W.9) and accordingly, convicted and sentenced him to undergo rigorous imprisonment for 10 (ten) years under Section 376 (2)(f) of IPC and also to pay a fine of Rs.3000/- only, in default to payment of fine, to suffer further R.I. for 6 (six) months.

(3.) The prosecution case, in a nutshell, is that one Smt. Dantairung Reang (P.W.6), the mother of the victim, lodged a written FIR on 27.10.2010 with the Officer-in-Charge of Kanchanpur Police Station against the accused-appellant Ranjit Reang alleging inter alia, that on 22.10.2010, at about 6:30 pm, the accused had committed rape upon her 9(nine) years old daughter (name has been kept withheld to protect her identity) when she was sleeping in her hut. The mother, i.e. the informant and her husband were not at home at the time of occurrence. It is further alleged that when the accused started committing rape upon the victim she raised alarm and following her alarm, Smt. Naisowti Reang (P.W.2) rushed to the hut, entered the room and saw the accused Ranjit Reang in a naked state and was scuffling with the victim girl but instantly fled away from the place of occurrence on seeing P.W.2. It has been alleged that P.W.2 had seen the accused in committing rape upon the victim.