KAMRAJ DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE present criminal appeal has been preferred by the accused-appellants under Section 374 (2) of Cr. P. C. against the judgment and order dated 10. 5. 2002 passed by learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 79 (NT/k) of 1998 convicting the accused-appellants under Section 376 (2) (g) of I. P. C. sentencing each of them to suffer imprisonment for life and also to pay a fine of Rs. 5000/- (five thousand), in default to suffer rigorous imprisonment for 6 (six) months.

(2.) THE victim (P. W. 3) had lodged a written FIR with Officer-in-charge, Fatikroy Police Station on 3. 5. 1993 alleging that for the last 4/5 years one Kamraj Das of her area had been proposing her to marry and on 26. 5. 1993 at about 7. 30 p. m. , he came to her house and informed her that they would go for court marriage and accordingly she left her house with Kamraj Das with a sum of Rs. 7000/-; derived from the sale proceeds of cattles. On the way, after a while, Kamraj took out the money from her; and after proceeding some distance, Rathindra Das and Ram Kumar Das clasped her from her back and took her in a rubber plantation where these three persons tied her in a tree, took off her apparels ('chhaya', 'blouse', 'shari') and tore these things and with ill motive they went on pressing her breast continuously and gagged her mouth with cloth. She spent in that jungle the whole night and on the following day at about 9 a. m. some labourers of the Rubber Plantation came there are and found her in naked position and they shifted her to Primary Health Centre of Kanchanbari.

(3.) IN reference to the said written FIR, Fatikroy P. S. Case No. 12 (5)93 under Sections. 365/420/354/34 of IPC was registered and after investigation, the Investigating Officer submitted charge-sheet against the accused-appellants, namely, Shri Kamraj Das, Shri Ram Kumar Das and Shri Rathindra Das under Section 365/376/420/411/34 of IPC.