MALAY DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of Cr.P.C. is directed against the judgment and order of conviction and sentence, dated 28.07.2004, passed by learned Addl. Sessions Judge, Khowai, in S.T.-14(WT/K) of 2003. The learned Addl. Sessions Judge found the appellant, Malay Das guilty of committing offence punishable under 457 of IPC, and sentenced him to suffer RI for two years and to pay a fine of Rs.1,000/-, in default of payment of fine, to suffer SI for three months.

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

(3.) ON perusal of the evidence and materials on record, I find that in the FIR as well as in the statements of witnesses recorded at the time of investigation, there was no whisper that PW.1 was raped by the accused, but subsequently, they improved and developed the fact and made statements before court that the prosecutrix was raped by the accused. Under such circumstances, learned Addl. Sessions Judge rightly arrived at a finding of acquittal of the accused from the charge U/S 376 read with Section 511 of IPC, which has not been challenged before this Court.