BABUL SABDAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A.K. Bhowmik, learned counsel for the appellant. Also heard Mr. R.C. Debnath, learned Special Public Prosecutor for the respondent.

(2.) This appeal is directed against the judgment and order of conviction dated 20.03.2002 passed by the learned Additional Sessions Judge, Kamalpur, North Tripura in Case No. S.T. 48(NT/KMP) 2001 whereby the appellant was convicted u/s. 376(1) of the IPC and sentenced to suffer R.I. for 7 (seven) years and to pay a fine of Rs. 10,000 (Ten Thousand) only, in default of payment of fine to suffer further S.I. for 2 (two) years.

(3.) The prosecution case, in brief, is that one Girindra Sabadakar lodged a written complaint in the Court of learned Sub-Divisional Magistrate, Kamalpur on 19/10/2000 to the effect that one Sri Babul Sabdakar, appellant herein, used to visit his house at Harer Khola during the period from October, 1999 to 30th September, 2000 in his absence and in the absence of his wife and taking advantage of their such absence the appellant used to commit sexual intercourse with his minor daughter, Parbati Sabdakar. It is alleged in the written complaint that on 15/10/2000 his daughter Parbati informed him and his wife that due to cohabitation with the appellant she had become pregnant and consequently she was taken to a doctor wherein the doctor opined that she was pregnant. On 17/10/2000 a village baithak was arranged in the house of Jagai Sabdakar in presence of the village Matabars at his instance wherein the matter being not settled, he lodged a written complainant on 19.10.2000.