SAMIR BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this common judgment, we propose to dispose of the Criminal Death Reference No. 1 of 2005 as well as the Criminal Appeal (J) No. 49 of 2005.

(2.) The Death Reference and the appeal aforesaid have arisen out of the judgment and sentence awarded by the learned Addl. Sessions Judge, West Tripura Agrtala, in Sessions Trial No. 186 (WT/A) of 2004. The learned Additional Sessions Judge, West Tripura, convicted the appellant Shri Samir Bhowmik (hereinafter called 'the appellant'), for the offence under Sections 302, 376(2) (f) and 201 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced him to be hanged by neck till death under Section 302 IPC, imprisonment for life under Section 376 (e) (f) IPC and rigorous imprisonment for 5 years under Section 201 IPC. The learned Sessions Judge, made a reference under Section 366 of the Criminal Procedure Code for confirmation of the death sentence aforesaid.

(3.) In the present case, a seven years old minor girl, who, even did not feel it necessary to wear upper garments, became victim of sexual assault at the hands of the appellant, who was running a photo studio, by taking the said premises on rent from her father and whom she called "Kaku" (uncle). She, innocently, visited the said "Kaku" on the fateful evening, by wearing only a Jangia (panty) hardly knowing that it was her last visit to 'Kaku's' studio and final journey from this planet.