HARI MADHAB @ MADHAB TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal, filed under Section 374 of the Code of Criminal Procedure, 1973(Cr.P.C., in short), is directed against the judgment of conviction and order of sentence dated 23.07.2009, passed by the learned Sessions Judge, South Tripura, Udaipur, in case No. ST 48(ST/S)/2008, sentencing the appellant to suffer RI for seven years and to pay a fine of Rs.1,000/-(rupees one thousand), in default of payment of fine, to suffer further RI for two months for commission of offence, punishable under Section 376 of the Indian Penal Code.

(2.) Prosecution case, as transpires from the record, may be noted briefly for the purpose of appreciation.

(3.) On completion of investigation, police filed charge sheet and the case was committed to the Court of Sessions, and thereafter, the case, being ST 48(ST/S) of 2008, was transferred to the Court of Addl. Sessions Judge, South Tripura, Udaipur for trial. The said Addl. Sessions Judge framed the charge against the appellant to the effect that on or about 13.04.2008 at Potachhari, P.S. Silachari, the appellant committed rape on the prosecutrix, and thereby, committed an offence punishable under Section 376 of IPC. To such charge the appellant pleaded not guilty and claimed to be tried.