NANI GOPAL SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal appeal under Section 374 of CrPC is directed against the judgment and order of conviction and sentence dated 30.06.2006, passed by learned Assistant Sessions Judge(Court No.1), West Tripura, Agartala, in Sessions Trial No.59(WT/A) of 2005. Learned trial Judge found the accused appellant, Nani Gopal Sarkar guilty of committing offence punishable under Section 376(2)(f) of IPC and sentenced him to suffer RI for eight years.

(2.) This is an exceptional case of sexual molestation of a destitute minor girl, aged about 7/8 years, who lost her father in her early childhood and also deserted by her mother. She subjected to rape by a full grown man, aged about 40, a constable of police by profession, whom the minor girl used to call as grandfather.

(3.) Heard learned counsel, Mr. Pranabasish Majumder, who was engaged as amicus curiae for the appellant and learned Addl. P.P., Mr. A. Ghosh for the State respondent.