(1.) ACCUSED Dhaneswar Das was tried in the court of learned Additional Sessions Judge, Belonia, South Tripura under Sections 376 (1) and 417 of the Indian Penal Code (for short "ipc") for committing rape on a minor girl of 14 years and also for committing an offence of cheating and ultimately after trial, the learned trial court vide its judgment dated 14. 2. 2002 passed in Sessions Trial No. 22 (ST /b) of 2001 acquitted him from the charge under Section 417 IPC and convicted him under Section 376 (1) of IPC and sentenced him to suffer Rigorous imprisonment for ten years with a fine of Rs. 2,000/-, in default of payment of fine to suffer further R. I. for six months. Aggrieved by the aforesaid judgment and order of conviction as well as sentence passed by the learned trial court, the accused-appellant preferred this appeal.
(2.) HEARD Mr. A. C. Bhowmik along with Mr. D. Dutta, learned counsel for the appellant and Mr. R. C. Debnath, learned Spl. Public Prosecutor for the respondent State.
(3.) THE prosecution case is that on 20. 11. 1997 the victim herself lodged a written complaint in the court of learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura against the present appellant to the effect that the house of the accused-appellant is situated nearby the side of the informant victim. As there was none in the house of the present appellant except the appellant and his mother, the mother of the accused-appellant occasionally used to call the victim to assist her in her household works and accordingly, the victim for last two years used to help the mother of the appellant in household works occasionally. In the Bengali month of Magha 1403 BS corresponding to February 1996, one day the appellant gave proposal to the victim to marry her, but she did not agree to that proposal initially. Thereafter on the last part of the said month one day the appellant in absence of his mother called the victim to his house and then forcibly intercourse with her in their hut and when the victim told the appellant that she would inform the said incident of intercourse to her mother, the appellant promised to marry her and he stated that he would reside with the victim as husband and wife. Assured by the appellant, the victim agreed to the proposal for not disclosing the said fact of rape to anyone. Thereafter, they used to cohabit occasionally in absence of the mother of the appellant. One day when in absence of the mother of the appellant, the appellant was cohabiting with the victim in their hut, the mother of the victim came there in search of her daughter (victim) and saw both the accused-appellant and the victim in compromising condition. Seeing them in such a condition, when the mother of the informant victim raised objection and tried to raise her voice, the appellant told her that he would marry her victim daughter. Fact relating to compromising condition of the appellant and the victim was informed to the father of the victim by her mother. Thereafter on being asked by the father of the victim, the appellant denied to marry the victim. Then village meetings were called on 24th and 25th day of last Bengali month of Kartik. But the appellant did not attend the said meeting, rather he fled away from the village. As the victim was raped by the appellant on the assurance of marriage and ultimately the appellant denied the same, the victim lodged a complaint before the learned SDJM, Belonia. On receipt of the aforesaid complaint, learned SDJM examined the victim on oath and thereafter, on 20. 11. 1997 directed the O / C of P. R. Bari Police Station to register the complaint as FIR and investigate the same.