MD. ABU JALAL MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Chowdhury, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the State-respondent.

(2.) The appellant, in the instant appeal, being charged with the commission of offence punishable under Section 376 read with Section 511 of IPC was convicted and sentenced to suffer rigorous imprisonment for 5(five) years with fine of Rs.5,000/-(rupees five thousand), and also to suffer simple imprisonment for 3(three) months for the commission of offence punishable under Section 376(2)(i) read with Section 511 of IPC vide judgment and order dated 21.02.2017, passed by the learned Additional Sessions Judge, Court No.5, West Tripura, Agartala in connection with case No.ST(T-2) 47 of 2015.

(3.) Pursuant to a written complaint[Exbt.2, 2(a), 2(b)], dated 20.10.2010, the Officer-in-charge of Amtali Police Station had registered an FIR(Exbt.4) against the accused-appellant, namely Abu Jalal Miah under Section 376/511 of the Indian Penal Code. In the written complaint, one Kashem Miah, the father of the victim-girl, had alleged that, on 15.10.2010 A.D., at about 1.00 pm, the accused, Abul Jalal Miah, aged about 22 years, a neighbour of the complainant, taking the opportunity of the absence of the inmates of his house, took his minor daughter, aged about 7(seven) years in a jungle with the temptation of giving Rs.5/-(rupees five). After taking his minor daughter to the said jungle, the accused-appellant, Abu Jalal Miah removed the wearing apparels of the victim girl and took out his penis with the intention to commit rape upon her. The accused-appellant also embraced her and let her down. His minor daughter cried out, when some of the neighbours went to that place, and at that time the accused-appellant fled away. To explain the delay of 5(five) days in lodging the complaint, the father-complainant has stated in the complaint that, he being a poor person was afraid of the social stigma and thought of about the future of his daughter.