STATE OF TRIPURA Vs. CHAYAN ALIAS SANTOSH SAHA

JUDGEMENT

(1.) Heard Mr. R. C. Debnath learned P. P. for the appellant-State of Tripura and Mr. P. K. Biswas, learned counsel appearing for the respondent.

(2.) This criminal appeal has been preferred by the Appellant-State of Tripura against the judgment and order dated 22- 12-1998 passed by the learned Sessions Judge, West Tripura, Agartala in Sessions Trial No. 171(WT/A)/1996 whereby the respondent herein was acquitted from the charge under Sections 366/376 of the Indian Penal Code (for short 'IPC').

(3.) The prosecution case as emerged from the deposition of the P.W. 2, the victim girl, Smt. Sampa Das, necessary for disposal of this appeal, may be noticed as under : On 3-11-1995 at about 6-30 a.m. in the morning while Smt. Sampa Das, aged about 20 years, as reflected in the FIR so lodged by the father, Sri Sitangshu Sekhar Das, P.W. 1, was proceeding to the house of her student for attending tuition, she was kidnapped by the respondent who came in a white Maruti van, by gagging her mouth and lifting her inside the said vehicle. Though she put resistance against such kidnapping, the respondent along with other two/three miscreants, who were already occupying the said vehicle, carried her forcibly from the area known as Jogendranagar Vidyasagar Road, to the house of his aunt at Aralia where she was raped on two times against her will by the respondent. On the same day, in the evening, she was carried by the respondent to Bairagibazar in the same vehicle. Prior to leaving for Bairagibazar, she was forced to wear saree by the respondent as she was wearing Churidar Paijama. At Bairagibazar she was put in a house and against her will, the respondent committed rape on her on several times everyday and in that place, she was put in confinement for three days. On the 4th day, the respondent took her to Udaipur and kept her in a house of his friend where he put vermilion on her forehead and also put bangle made of conch in her hand by force. Thereafter, the respondent took her to the temple of Mother Kali threatening her that if she would raise any alarm or disclose anything to anybody, he would kill her. In the Kali temple, the respondent also took some joint photographs by force. Then the respondent brought her again to the house of his friend where he compelled her to stay at night and on that night, again, he committed rape on her by force. She was again shifted to another house on 7-11-1995 and was kept in confinement in that house for two days. In the said house also, the respondent continuously committed rape upon her. The respondent also kept some guards so that she might not flee from his clutch. On 8-11-1995, the respondent forced her to come to the Court and threatened her saying that if she would disclose anything to the Magistrate or the lawyers there against him, he would kill her and destroy her family. Accordingly, she accompanied him with some other miscreants out of fear and she signed in a piece of paper in the Court, which was an affidavit. On the following day, i.e. on 9-11-1995, the brothers of the respondent took her to their house and put her under threat. At about 9.30 a.m. one brother of the respondent brought her to the East Agartala P.S. and out of fear, she stated to Darogababu (Police officer) that she went with the respondent voluntarily. On the same day, she was produced before the Magistrate, and in the Court itself, she was handed over to her parents who brought her back home.