SANKAR ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By judgment and order, dated 4.11.2006, passed in Sessions Case No. 107 of 2005, the learned Sessions Judge, Kokrajhar, has convicted the accused-appellant under Section 376 IPC and sentenced him to suffer rigorous imprisonment for seven years and pay fine of Rs. 5,000/- and, in default of payment of fine, simple imprisonment for a period of six months. The case of the prosecution may, in brief, be described as under :

(2.) During trial, a charge, under Section 376 IPC, was framed against the accused. To the charge, so framed, the accused pleaded not guilty.

(3.) In support of their case, prosecution examined as many as 8 (eight) witnesses. The accused was, then, examined under Section 313 CrPC and, in his examination aforementioned, he denied to have committed the offence, which he was alleged to have committed, his case being that of total denial. No evidence was, however, adduced by the defence. In fact, the defence alleged that there was love affair between the accused and PW4.