ANIL SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By the impugned judgment and order, dated 31-8-2001, passed in S.T. No. 125 (W.T/K) of 2000, by the learned Additional Sessions Judge, West Tripura, Khowai, the 3 (three) accused- appellants stand convicted under Section 376(2)(g) of the I.P.C. and each of them stands sentenced to suffer imprisonment for life and pay fine of Rs. 10,000.00 and, in default, suffer rigorous imprisonment for a further period of 3 (three) months.

(2.) The case against the accused-appellants, as unfolded at the trial, may, in brief, be described thus : The victim, R, used to live along with her 12 years old son, at the house of one G at Ganki, and earn her livelihood by doing domestic work at the houses of different people in her village. On 20-8- 1991, when R was asleep and her son was not at home, the present two accused-appellants along with one Bidhu Paul and Shyamal Sutradhar came to her house at about 12 o' clock at night and called her from outside asking her to open the door of the house. Without suspecting any foul play, when R opened the door, all the miscreants entered into her room and they told her that her son had stolen away their timber. R stoutly denied the allegation that her son had committed theft. The accused-appellant No. 2, then, asked R to get a glass of water for him. After taking water, the accused-appellants and their said associates gave some indecent proposal to Rand, then, all of them, suddenly, caught hold of her, gagged her, threw her on the ground and committed rape on her one after the other. As R was unable to raise alarm, the miscreants continued to subject her to sexual assault till about 4 a.m. and, then, left, whereupon R reported the occurrence to her landlord and also other persons of the locality and requested them to do justice to her; but she received no help from any corner. Left with no alternative, she, eventually, got an Ejahar written and lodged the same, on 22-8-1991, with the police at Ganki Police Out Post. Treating this jhar as First Information Report, police registered a case and got R medically examined. During the course of investigation, the two accused-appellants absconded and, on completion of investigation, police laid charge-sheet against the 4 (four) accused persons aforementioned showing the present two appellants as absconders.

(3.) In course of time, while the present two accused-appellants along with accused- Shyamlal Sutradhar faced trial accused Bidhu Paul absconded.