STATE OF TRIPURA Vs. RIYAJ ULLAH

JUDGEMENT

(1.) Challenge in this appeal is the judgment dated 09.06.2004 passed by the learned Assistant Sessions Judge, Kailashahar, North Tripura in S.T. No. 28(NT/K) of 2003, whereby and whereunder the accused-respondent was acquitted from the charges levelled against him under Sections 457 and 376(1) of the Indian Penal Code (for short 'IPC'). Heard Mr. A. Ghosh, learned Additional Public Prosecutor appearing for the State-appellant and Mr. S. Sarkar, learned amicus curiae appearing for the accused-respondent.

(2.) The prosecution case, in short, is as follows:

(3.) On the basis of the aforesaid information/Ejahar, Kailashahar police station registered a police case on 07.06.2001 being FIR No. 57/2001 under Sections 457/376 of the IPC against the accused-respondent. Thereafter, P.W. 10, being entrusted, investigated the case and finally submitted the charge sheet under the aforesaid sections, i.e., under Sections 457/376 of the IPC, against the accused-respondent.