LAWS(TRIP)-2019-6-6

MARENDRA DEBBARMA Vs. STATE OF TRIPURA

Decided On June 27, 2019
Marendra Debbarma Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) In Court, prosecutrix referred to as "L" (name withheld)(PW.5), has simply deposed that "he promised marriage to me and have sex. I became pregnant. He did not marry me". Prior thereto, in her previous statement recorded under Section 164 Cr.P.C. proven before the trial Judge, she deposed as under:

(2.) The aforesaid statement stands corroborated by her mother, Smt. Lalita Debbarma (PW.4) and sister, Smt. Bina Rani Debbarma (PW.6).

(3.) With these facts, this Court proceeds to examine the correctness of findings and judgment, convicting and sentencing accused Mahendra Debbarma under Section 376 IPC. The trial court found the testimony of the prosecutrix to be believable and the witnesses to be reliable and deposed truthfully the factum of accused having sexually assaulted her with the allurement of marriage, which he never intended to solemnize.