RATAN ACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY a judgment dated 31-3-2006 passed in Sessions Trial No. S. T. 52 (W. T/a) of 2005 by the learned Addl. Sessions Judge, West Tripura, Agartala, Court no. 2, the accused appellant was convicted under Section 376 (1), I. P. C. and sentenced to suffer R. I. for seven years and to pay a fine of Rs. 2,000/- in default to suffer R. I. for another six months. Being aggrieved by and dissatisfied with the same, the accused appellant has preferred this appeal.

(2.) THE prosecution case as unfolded during the trial, in short is that on 4-10-2004 the prosecutrix was admitted to GB hospital, Agartala for treatment of her jaundice. When she was undergoing treatment, the accused Shri Ratan Acharjee visited the said hospital as arranged by the father of the prosecutrix for her treatment with charms and incantation. He treated the prosecutrix in this way for three consecutive days and there after asked her to attend his house for continuation of the treatment as per his method. The prosecutrix was discharged from the GB Hospital on 9-10-2004. She went to the house of the accused appellant on 14-10-2004 at about 5 p. m. to 5. 30 p. m. accompanied by her two brothers. The accused appellant took her inside the room and shut the door and started incantation. The prosecutrix showed her lot of books of Mantras and told her that she was suffering from venereal disease inside lower abdomen. In order to recover from the disease, she was asked by the accused to abide by his instructions. She was then asked to open her 'choose'. After she opened the same, she was asked to open her panty but she did not agree. The accused insisted and he himself opened the panty and started incantations. At one time, the accused entered his finger into her vagina and also penetrated his penis. Thus she was raped by the accused. She was asked by the accused not to divulge the fact to anybody and warned her that if she does so, her family members would be ruined. Thereafter, the accused appellant asked the prosecutrix to attend the treatment for 21 more days. Out of fear, she did not tell her brothers who were waiting outside. Out of fear, she did not tell about the incident to anybody on 14-10-2004 but on the next day i. e. on 15-10-2004 she disclosed everything to her elder sister and then reported to the police by lodging a written FIR with the Officer-in-Charge, women Police Station, Agartala.

(3.) ON receipt of the said FIR, on 15-10-2004 at about 16. 45 hours, the OC registered Agartala Women Police PS Case No. 60/04 under Section 376. I. P. C. The OC of the Women Police Station, Smt. Manidipa das (PW 12) herself took the charge of investigation of the case. During the course of investigation, she visited the place of occurrence and prepared to hand sketch map with index, arranged medical examination of the victim and also arranged chemical examination of the vaginal swab of the prosecutrix. The IO also arranged for medical examination of the accused to test his sexual capability. The IO also seized some articles and forwarded the same to the Court. During the course of investigation, the IO also examined some witnesses and recorded their statements under Section 161, Cr. P. C. On completion of investigation, the IO, having found strong prima facie case against the accused, submitted charge-sheet under section 376, I. P. C. The learned trial Court framed charge under Section 376 (1), I. P. C. against the accused on 19-9-2005 which was read over and explained to him in bengalee and the accused pleaded not guilty and claimed to stand trial. The prosecution, in order to prove its case, examined as many as 12 witnesses including the victim and the medical Officer. The defence did not exam ine any witness during the trial.