SANTOSH SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present criminal appeal has been preferred under Section 374(2) of Cr. P. C. against the Judgment and Order dated 11-5-2001 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar in S. T. No. 10 (NT/ D) of 2000 convicting the accused-appellant under Section 376 of I. P. C. and sentencing him to suffer 10 years' imprisonment and to pay a fine of Rs. 5.000/-, in default of payment of fine to undergo further one year imprisonment.

(2.) The prosecution story, in brief, is that the accused/Sri Santosh Singh having acquaintance with the family members of Smt, Namita Sinha, had stayed in her house for about three months. During his stay the acdused developed love with her minor school going daughter, the prosecutrix giving allurement and assurance to marry the victim/prosecutrix socially, subsequently, however, had claimed performed notional marriage by 'Gandharva' tradition in front of portrait of 'Goddess Kali' during his stay at her residence after having entered into sexual relation with the victim. The accused, had been living with her daughter as husband and wife having sexual relation, comrnitting repeated rape on her from 9-5- 1997 and onwards however, having sexually exploited lor long time, the accused resiled to marry the vicum, i.e. daughter of Smt. Naraita Sinha, therefore, she had to file the case before learned sub-Divisional Judicial Magistrate, Dharmanagar, North Tripura.

(3.) The accused was initially charge shecrted under Sections 493/420 of IPC and cognizance of such effence was taken. During examination it was revealed that the accused had been sexually exploiting the victim on the false assurance for marriage, thereby, committing repeated rape on the prosecutrix during his stay at the residence of the informant/complainant. Even on insistence of prosecution upon the Court to commit the case to the Court of Session, learned Sub-Divisional Judicial Magistrate did not agree to commit the case to the Court of Session, however, a revision petition was preferred before the Court of Session, whereby the order of learned Sub-Divisional Judicial Magistrate was set aside and the learned appellate Court below directed to commit the case to the Court of Session, accordingly, charge under Section 376 of IPC was framed against the accused where he pleaded not guilty and claimed to be tried.