NARAYAN CHANDA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd August, 1999 by the Assistant Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 53(N.T/K) of 1988 convicting the first appellant under Section 376 and 363 of the Indian Penal Code (for short 'IPC') and other two appellants under Section 363 of IPC. While the first appellant has been sentenced to undergo rigorous imprisonment for 5 years each under Section 376 of I.P.C. and 363 of I.P.C., the second and third appellants have been sentenced to undergo rigorous imprisonment for 5 years under Section 363 of I.P.C. A further direction has been given by the learned trial Court that in case of the first appellant both the sentences would run consecutively.

(2.) I have heard Mr. S. M. Ali, learned counsel for the appellants and Mr. D. Sarkar. learned Public Prosecutor assisted by Mr. R. C. Debnath, learned Special Public Prosecutor for the respondent.

(3.) The factual matrix leading to the criminal proceedings may be noticed thus :- The first appellant Narayan Chanda was the private tutor of the victim girl Smt. Laxmi Rani Paul, the daughter of the informant Rajendra Paul (P.W. 1). She was minor at the time of alleged occurrence. As per the birth certificate issued by the Additional District Registrar, North Tripura, Kailashhar (Ex.4/1), her date of birth being on 18-11-1982. According to her version given to the Chief Judicial Magistrate, North Tripura, Kailashahar on 15-12-1997, she and the first appellant developed a love affairs followed by sexual intercourse after the said appellant gave her promise to marry. She became pregnant in due course and her pregnancy was terminated by medicine given to her by the said appellant. When her physical condition deteriorated following termination of pregnancy, she had to disclose the affairs to her mother (P. W. 5) who then arranged for her recovery. This affairs to her mother (P. W. 5) who then arranged for her recovery. This discloser annoyed the first appellant as he clearly forbade her. On the date of occurrence (18-11-1997) she went to the nearby jungle for urination when all the three appellants suddenly pounded on her and forced her to take something like crushed tablet rendering her unconscious. She regained her sense only the following day in the Kailashahar Hospital.