JHUNU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C, in short) the judgment of conviction and order of sentence dated 14.06.2010 as passed by the learned Additional Sessions Judge, North Tripura, Kamalpur in S.T. No.01(NT/KMP)/2008 has been challenged.

(2.) The prosecution case, as transpires from the record, can briefly be noticed as under: On 25.05.2008 the prosecutrix (name concealed) lodged one written complaint to the officer-in-charge of Ambassa police station stating that on the previous night i.e. 24.05.2008 at about 9 pm after taking dinner she was sleeping with her mother in their house and at about 1 am in the night of 25.05.2008 when her mother went out to attend nature's call, the appellant entered into the hut and raped her by pressing her mouth taking the advantage of her being alone at that point of time. Thereafter, the appellant fled by pushing her mother away, who came to the hut after attending nature's call. On the basis of the said complaint, Amba-ssa P.S. Case No.30/2008 under Sections 457/376 of the IPC against the appellant was registered and the investigation was directed. On completion of the investigation, the Investigating Officer finding prima facie materials against the appellant submitted the charge sheet. On taking cognizance, the Sub-Divisional Judicial Magistrate, Kamalpur, committed the case for trial since the offence was exclusively triable by the Court of Sessions.

(3.) On receipt of the record, learned Court of the Additional Sessions Judge, Kamalpur framed the charge against the appellant as under: