RAFAL CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. H. Debnath, learned counsel appearing for the accused-appellant and Mr. A. Ghosh, learned Additional Public Prosecutor appearing for the respondent.

(2.) THIS appeal is directed against the judgment and order dated 29. 06. 2006 passed by the learned Assistant Sessions Judge, South Tripura, Udaipur in Case No. S. T. 81 (ST/a) of 2006 convicting the accused-appellant for commission of the offence under Section 350/376 of the Indian Penal Code (here-in-after referred to as "ipc") and thereby sentencing him to suffer rigorous imprisonment (for short "ri") for 8 (eight) years for the offence under Section 376 (1) of IPC and to pay a fine of Rs. 10,000/-, in default to suffer RI for another period of 6 (six) months and also to suffer RI for 5 (five) years for the offence under Section 450 of IPC and to pay a fine of Rs. 1,000/-, in default to suffer RI for 1 (one) month.

(3.) THE prosecution case, in brief, as disclosed from the records is that on 17. 06. 2005 at about 3. 30 p. m. when the victim girl was alone in her kitchen, the accused-person entered into the kitchen and forcefully committed rape on her. An FIR was lodged with the police and police registered a case. At the close of the investigation, police submitted charge-sheet against the accused-appellant for the offence u/s. 448/376 of IPC.