STATE OF TRIPURA Vs. TAPAN BANIK

JUDGEMENT

(1.) This is an appeal against acquittal filed by the State under Section 378 of Cr.P.C. challenging judgment and order, dated 8.4.2008, passed by learned Sessions Judge, South Tripura, Udaipur in case No. ST 24 (ST/S) of 2007. Heard learned Addl. P.P., Mr. R.C. Debnath for the State-appellant and learned counsel, Mr. Ratan Datta for the accused-respondent.

(2.) Prosecution case, in short, is that on 09.10.2006, a Tuesday, at about 10:00 p.m. (night), Krishna Mohan Das (P.W. 9) returned home from market and picked up a quarrel with his wife Chinu Das (P.W. 8) on domestic affairs. Apprehending that Krishna Mohan might assault his wife Chinu, their daughter "Ratna", P.W. 7 (actual name kept withheld) went out of the house for the house of accused-respondent. Tapan Banik to call him to come to their house to mitigate the quarrel of her parents. She reached the house of Tapan Banik and called him. While on way back to their house, Tapan Banik suddenly caught hold "Ratna", gagged her mouth and dragged her in the roadside jungle with a view to commit rape on her. He forcefully made her naked, laid her on the ground and thereafter tried to commit rape on her but she could somehow escape herself and fled away to her house and reported the incident to her parents.

(3.) Prosecution examined 14 witnesses. Out of them, P.W. 7 is the victim prosecutrix (Ratna). P.Ws. 8 and 9 are the parents of the prosecutrix. P.Ws. 1, 3, 4 and 5 are the neighbours of the prosecutrix. P.W. 2 is the scribe of the FIR. P.Ws. 6 and 11 are the medical officers of Sub Divisional Hospital, Sabroom and out of them P.W. 6 has medically examined the prosecutrix and P.W. 11 made a dental examination to ascertain the age of the prosecutrix. P.W. 10 is the teacher-in-charge of Jalefa J.B. School and he proved the School certificate of the prosecutrix which is marked as Exbt. 5 wherein the date of birth of the prosecutrix has been shown as 21.05.1993. P.W. 12 is the SDJM, who examined the prosecutrix and recorded her statement under Section 164 of Cr.P.C. P.W. 13 is the O.C. of the P.S. who registered the case formally on receipt of the FIR P.W. 14 is the I.O. of the case.