SRI GURUPADA DEB, S/O LATE GOURANGA DEB OF SURJYAPARA, A.D. NAGAR, P.S. EAST AGARTALA, DISTRICT-WEST TRIPURA Vs. STATE OF TRIPURA REPRESENTED BY THE SECRETARY-CUM-COMMISSIONER, HOME DEPARTMENT, GOVERNMENT OF TRIPURA, AGARTALA

JUDGEMENT

(1.) THIS appeal, under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 23.09.2004, passed by learned Asstt. Sessions Judge, Court No. 2, West Tripura, Agartala, in Session Trial No. ST(WT/A) 25 of 2004, whereby and whereunder, learned Asstt. Sessions Judge found the accused -appellant guilty of committing offence, punishable U/S 376(2)(f) of IPC and sentenced him to suffer RI for ten years.

(2.) HEARD learned counsel, Mr. R. Datta, appearing for the appellant and learned Spl. P.P., Mr. R.C Debnath, appearing for the State respondent.

(3.) LEARNED counsel, Mr. Datta has submitted that the offence is no doubt very serious and heinous in nature. He has only submitted that the appellant is already in custody for about eight years six months, while he was convicted for ten years by the trial court and taking into consideration that the accused was also a young man and might have committed the offence accidentally on a sudden passion, and since he has already suffered maximum period of sentence, a lenient view may be taken considering that the offence may, at best, come under the purview of a sexual assault, which means an outrage of modesty and/or attempt to commit rape, and the finding of the trial court that an offence of rape was committed, cannot be appreciated in the facts and circumstances and the evidence on record. He has further submitted that the accused, at the time of his examination under Section 313 of Cr.P.C., has stated that he was aged nineteen years at the time of examination, and if so, he was a minor at the time of the alleged occurrence, and that aspect has not been considered by the trial court. Learned counsel, therefore, considering all aspects, has prayed for release of the accused -appellant from custody with the sentence of imprisonment, already suffered by him.