MANIK DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal directed against the judgment and order dated 14-5-1997 passed by the learned Assistant Sessions Judge No. 1, West Tripura at Agartala in case No. ST (WT/A) 113 of 1996 convicting the accused-appellant under S. 376, IPC and sentencing him thereunder to simple imprisonment for 8 (eight) years.

(2.) On the night of 17-5-1993 at 1-20 a.m. an FIR was lodged at East Agartala Police Station by Smt. Anita Saha to the effect that around mid-night at about 12-30 a.m. the accused Manik Debnath jumped on her, gagged her mouth with cloth and raped her forcibly. Although she raised alarm, due to heavy shower no one could hear her alarm. She informed her neighbours about the incident soon after the accused left the place after committing rape on her. On receipt of the FIR, the police registered a case under S. 376, IPC against the accused and on completion of investigation charge-sheeted him under S. 376, IPC. The learned Magistrate committed the case to the Court of Session under the said Section of law.

(3.) In the Court of Session, a charge under S. 376, IPC was framed, read over and explained to the accused to which he pleaded not guilty and claimed to be tried. In the trial, the prosecution examined six witnesses. The accused was examined under S. 313, Cr. P.C. He pleaded innocence and declined to adduce any evidence. The defence case was one of total denial. After considering the evidence on record and hearing the prosecution and the defence, learned Sessions Judge convicted and sentenced the accused as stated above.