LAWS(GAU)-2007-8-56

NIRMAL DEBNATH Vs. STATE OF TRIPURA

Decided On August 07, 2007
NIRMAL DEBNATH Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) THIS appeal has been preferred by the convict appellant challenging the judgment-dated 13. 9. 2000 passed by the learned Addl. Sessions Judge, Belonia, South Tripura in Sessions Trial No. 10 (ST/b) of 1991 whereby and whereunder the appellant was convicted under Section 376 (2) (f) IPC and sentenced him to suffer R. I. for 12 years and pay a fine of Rs. 5,000/-, in default to suffer further R. I. for two years. The fine money, if realized,. was directed to pay to the victim. The period of detention during trial was set off.

(2.) HEARD Mr. D. Dutta, learned Counsel for the appellant and Mr. D. Sarkar, learned Public Prosecutor assisted by Mr. R. C. Debnath, learned Counsel for the respondent.

(3.) AS observed by the Apex Court in the case of State of H. P. Vs. Shree Kant Shekari reported in (2004) 8 SCC 153 referring to the case of State of Karnataka Vs. Puttaraja, reported in (2004) 1 SCC 475, the name is not mentioned to disclose the identity of the victim girl against whom an offence under Section 376 IPC is alleged or found to have been committed and it is stated by the learned Counsel for the parties that during the trial of this case, the victim girl and the convict appellant got married. Therefore, she is described as the "victim" in the judgment.