LAWS(GAU)-2008-4-28

STATE OF TRIPURA Vs. LAXMAN DEBNATH

Decided On April 28, 2008
STATE OF TRIPURA Appellant
V/S
LAXMAN DEBNATH Respondents

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment and order dated 4. 5. 2001 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No. 15 (ST/b)/2000 whereby and whereunder the accused respondent has been acquitted from the charges levelled against him under Sections 376 and 417 of the Indian Penal Code.

(2.) I have heard Mr. A. Ghosh, learned Additional P. P. appearing for the State appellant and Mr. D. C. Roy, learned Counsel appearing for the respondent.

(3.) THE prosecution case in brief is that on 1. 10. 1403 B. S. , corresponding to 15. 1. 1997 A. D. , Wednesday, at about 7/7. 30 p. m. , when the victim girl, (P. W. 1) was cooking in the kitchen in her house, the accused came to her house and entered into the said kitchen. He embraced her and by pushing on the ground, committed rape on her against her will. When she told the accused that she would inform the matter to her parents, the accused taking her hand on his head, promised her that he would marry her and requested her not to disclose the said incident to any one. With this assurance, thereafter, the accused used to visit the victim girl after every three-four days and committed sexual intercourse with her which continued about 2/3 months. During the period, the menstruation of the victim girl was stopped and she found herself conceived. She informed this development to the accused, who assured her that he would marry her on 3rd Jaistha by court marriage, but later he did not turn up to her on that day. Having no other alternative, she disclosed the said fact to her parents, who informed the matter to the Panchayat and the local Club, whereupon a panchayat meeting with order villagers and elders was held where the victim girl with her parents as well as the accused with his father were present. In the said meeting, the accused confessed that he did illict cohabitation with the victim girl assuring to marry her and his father agreed to accept her as wife of his son. But ultimately, the accused as well as his father was not as good as their words, rather the accused fled away. Then victim girl informed the matter to the Panchayat and the father of the accused was asked by the Panchayat to see that she might not become helpless. In the circumstances, the father of the accused gifted a paddy land measuring about one/one and half kani which she possessed for about one year, but she was dispossessed thereafter by the father of the accused.