DILIP GUHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant application is filed by the appellant applicant under Section 391 read with Section 311 of the Code of Criminal Procedure for adducing additional evidence relating to a letter dated 19-7-2012, issued by the Medical Officer in-charge, Kalyanpur CHC, Khowai, Tripura, wherein it is mentioned that no such record was found in the name of Smt. Biraja Das, W/o. Amulya Das of Kalyanpur, P. S. Kalyanpur, in the labour register of Kalyanpur C. H. C. during the period 24-10-1995 to 30-11-1995 as well as for issuing summons upon the Medical Officer of Kalyanpur Rural Hospital for production of the Labour Register of Kalyanpur CHC of the aforesaid period in connection with ST No. 37 (WT/K) of 2010 at this appellate stage.

(2.) Heard Mr. S. Lodh, learned counsel appearing for the appellant-applicant as well as Mr. D. C. Kabir, learned counsel, led by Mr. D. Sarkar, learned P. P., appearing for the State-respondent.

(3.) Mr. Lodh, while urging for adducing additional evidence at this appellate stage, would contend that the case of the prosecution before the trial Court was that the victim prosecutrix was minor at the time of alleged offence of rape and in support of the age of the prosecutrix, the prosecution only produced the School Certificate and not any other document, like birth certificate from the hospital. He further submits that though the prosecution filed an application with a prayer to call the ROR of the family of the prosecutrix, but when it was found that there was some manipulation in the date of birth of the prosecutrix, the prosecution did not rely upon the said ROR and withheld the same. He again urges that the appellant-applicant at the time of trial through one of his family friend filed an application under Right to Information Act, 2005 before the Medical Officer of Kalyanpur Rural Hospital to know as to whether Smt. Biraja Daas (PW-4) did give birth to any child during the period from 24-10-1995 to 30-11-1995 at Kalyanpur Rural Hospital and in response to the said application, the Medical Officer of Kalyanpur Rural Hospital informed vide letter dated 19-7-2012 that the said Smt. Biraja Das (PW-4) did not give birth to any child during the aforesaid period. The said fact was brought to the notice of the trial Court before completion of the argument by way of filing an application for marking the said letter dated 19-7-2012 as one of the exhibits, but the said prayer of the appellant-applicant, i.e. the accused, was rejected on 6-8-2012 and ultimately passed the impugned judgment convicting the appellant-applicant under Sections 120B and 376(2)(a)(i) of the IPC and sentencing him to suffer two years R. I. and to pay a fine of Rs. 5,000/-, in default of payment of fine to suffer further R. I. for six months for the offence under Section 120B of the IPC and also to suffer 10 years R. I. and to pay a fine of Rs. 10,000/-, in default of payment of fine to suffer further R. I. for one year for committing the offence under Section 376(2) (a) (i) of the IPC without considering the said document. Hence, it would be proper for this Court to allow the appellant-applicant to adduce the aforesaid letter dated 19-7-2012 as additional evidence and also to issue summons upon the Medical Officer of Kalyanpur Rural Hospital for producing the Labour Register of Kalyanpur CHC for the period from 24-10-1995 to 30-11-1995 in the interest of justice.