PALLAB DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. S. Talapatra, learned senior counsel assisted by Mr. D. Bhattacherjee, learned Counsel for the revisional Petitioner and also heard Mr. A. Ghosh along with Mr. P. Bhattacherjee, learned Addl. P. P. appearing on behalf of the State of Tripura.

(2.) This criminal revision petition filed under Section 397 read with Section 401 of the Code of Civil Procedure, 1973 is directed against the judgment and order dated 30.01.2008 passed by the learned Addl. Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 11 (2) of 1999 affirming the judgment and order dated 06.05.1999 passed by the learned Asstt. Sessions Judge, South Tripura, Udaipur convicting the Petitioner under Section 376 IPC convicting and sentencing him to suffer R. I. for 7 years in ST 45 (ST/S) of 1998.

(3.) The prosecution story, in brief, is that in the evening of 10.10.1997, on the Nabami day of Durga Puja, PW-1 Smti. Swapna Das, D/o Rabindra Das of Manik Ganj, P.S.-Sabroom, District-South Tripura, along with her cousin, PW-3 Miss Arati Das, went out of their houses to visit Durga Puja pandals. When they reached Sabroom Motor Stand area, her cousin sister Miss Arati Das impressed upon Smti. Swapna Das to purchase channachur. Accordingly, Smti. Swapna Das along with her cousin came to the shop of the accused Petitioner, namely, Shri Pallab Das to purchase channachur. After purchasing channachur she handed over the same to her cousin and paid its price. When she was receiving the balance, the accused Petitioner dragged her into his shop and poured liquid substance of bitter test (probably liquor) into her mouth forcibly. The accused Petitioner raised the volume of the tape recorder that was being played in his shop and took off the wearing apparels of the victim and made her naked. The accused then forcibly entered his penis into her private parts and repeatedly committed rape on her. In this process, semen fell on her frock and got it a dirt look. Having got the information, the grandmother (PW-2) and aunt (PW-4) of the victim rushed to the shop of the accused and asked the accused Petitioner to get the victim (PW-1) out of his shop. But he denied the presence of the victim in his shop. Then PW-2 and PW-4 warned the accused that unless the victim was let out of his shop, they would call police immediately. Being frightened, the accused let the victim out of the shop and then fled the spot. Learning about the fact of commission of rape on the victim by the accused they took the victim to police station who made an oral complaint which was reduced to writing by the Officer-in-Charge of Sabroom Police Station. On an FIR lodged by the victim with the Officer-in-Charge of Sabroom Police Station, a case was registered being Sabroom P. S. Case No. 68 of 1997 under Section 376 IPC. The Officer-in-Charge of the Police Station endorsed the case to S. I. Shri Indrajit Sinha for investigation.