ASHUTOSH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. M. Nath, learned senior counsel assisted by Mr. K. L. Paul and Mr. P. Nath, learned counsel for the appellant. Also heard Mr. D. Sarkar, learned Public Prosecutor assisted by Mr, A. Ghosh, learned counsel for the State-respondents.

(2.) The present criminal appeal has been preferred against the judgment and order dated 17-8-2002 passed by the learned Additional Sessions Judge. West Tripura, Khowai in Sessions Trial No. 31 (WT/K)/2002 convicting the accused-appellant Shri Ashutosh Das under Section 376, IPC for a term of 10 (ten) years rigorous imprisonment and sentencing him to pay a fine of Rs. 50,000/- and in default to pay the fine to suffer further rigorous imprisonment for a period of 5 (five) years.

(3.) The prosecution case as revealed from the FIR and from the evidences on record is that while victim, a student co-villager of Ashutosh Das was going to the house of her neighbour Subal Debnath on 28-7-2000 at about 3.30 p.m. to witness T.V. programme, she was called by the accused Ashutosh Das from his shop on the pretext to know how much she has answered in her examination paper. As soon as Archana Bhowmik entered into the shop of accused Ashutosh Das he gaged her mouth and bolted the door and took the victim on the other side of the partition wall of the shop undressed her by force, fell her on a bench and committed rape on her. At the time of commission of rape accused bit the cheek, breast and other parts of the body of victim however the victim could not raise any alarm as accused person gagged her mouth. After commission of rape the victim cried and on hearing her cry her mother (P. W. 1) who was returning home from the house of Swapan Debnath, entered into the shop of accused person and found her victim daughter weeping. On being asked her, she told her mother (P.W. 1) that she was going to the house of her friend to witness T.V. programme and at that time accused Ashutosh Das called her inside the shop and committed rape on her, P.W. 1, the mother of victim, called some villagers and narrated the incident to them. The said villagers also heard the incident from the victim and as per advice of the said villagers parents of the victim took her to Tellamura P.S. where the victim lodged an ejahar.