SUSHIL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is filed by the convict who is an accused to challenge the judgment dated 14th September, 2016 rendered by the learned Additional Sessions Judge, West Tripura, Agartala in Case No.ST(T-2) 03 of 2014. The accused was convicted for offence punishable under Section 376 read with Section 511 of IPC. He has been awarded sentence of rigorous imprisonment of five years with fine of Rs.5,000/- (Rupees five thousand).

(2.) In brief the prosecution case was that the prosecutrix who hereafter to be referred to as the victim girl was on the date of incident aged about 14 years. She was residing along with her father in a rented hut owned by the accused. The exact date of incident is not mentioned but is referred to as about a month before the lodging of the first information report which was done on 4th May, 2013. The FIR was lodged by her grandmother stating that about a month before her grand-daughter was alone at home at about 10 am the accused took her inside the house and removed her clothes. He also removed a towel which he was wearing. Around that time the accused could hear somebody approaching his house. The victim was asked to leave from back door and threatened not to disclose the incident to anybody. It was on account of this threat that the victim had not disclosed the incident to anybody for a long time. The victim had started residing with her grandmother after the said incident and disclosed the incident to her.

(3.) The police carried out the investigation and filed the charge sheet. The learned trial Judge frame the charge alleging that the accused had attempted to commit rape on the victim and thereby committed offence punishable under Sections 376(2)(i) read with Section 511 IPC.