PARTHA DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of conviction and sentence, dated 21-11-2006, passed by learned Addl. Sessions Judge, Khowai, West Tripura, in Sessions Trial Case No. S.T. 39(WT/K) of 2005, whereby the learned Addl. Sessions Judge found the appellant guilty of committing offence punish- able under Sections 448 and 354 of IPC and, accordingly sentenced him to suffer S.I. for six months and to pay a fine of rupees one thousand, in default of payment of fine to suffer further S.I. for one month for commission of offence, punishable under Section 448 of IPC and, for commission of offence punishable under Section 354 of IPC, he was sentenced to suffer S.I. for two years and to pay a fine of rupees five thousand, in default of payment of fine to suffer further S.I. for three months.

(2.) BOTH the principal sentences were directed to run consecutively.

(3.) ONE Niranjan Debnath alias Kanu of Chakmaghat under Teliamura PS. set the law in motion by filing an FIR in writing alleging, inter alia, that on 10-10-2004, a Sunday, at noon about 12 o'clock, his daughter Sabita Debnath alias Bulti, aged about fifteen years, was alone in the house and taking the scope of her loneliness, the accused Partha Dey of their village tried to outrage her modesty. She raised hue and cry, and hearing her alarm, Kutu Das, aged about ten years, son of late Binoy Das, rushed to the house and at that time Partha Dey fled away from the house. On receiving the information, the informant returned home and informed the matter to the father of Partha Dey. His daughter (Bulti) informed her mother and maternal grandmother about the incident. For the whole day she was weeping. Apprehending social disgrace, he did not inform the incident to anybody else. On the following day, his daughter committed suicide by hanging in the house. Police brought down the dead body and took the same to the hospital. He informed the police officer about the incident in details. Police officer also brought a letter from his house written by his daughter regarding the suicide. He, therefore, prayed for arrest of the accused and for taking appropriate action.