BALAI NATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant criminal appeal is directed against the judgment and order dated 23. 05. 2009 passed by the learned Addl. Sessions Judge, West Tripura, Agartala in case No. ST (WT/a)31/2007 whereby and whereunder the appellant was found to be guilty of commission of offence of rape upon the victim prosecutrix (PW2) and accordingly, sentenced to undergo RI for 10 years with a fine of Rs. 1,000/- i. d. of payment of fine to suffer SI for one month by convicting him under Section 376 (2) (f ).

(2.) HEARD Mr. A. K. Bhowmik, learned senior counsel assisted by Mr. R. Dutta, learned counsel for the accused/appellant as well as Mr. D. Sarkar, learned PP for the State respondent.

(3.) TO bring home the charge, prosecution examined as many as 12 witnesses and exhibited some documents but the defence did not examine anybody as his case was pure denial. PW 1, Smt. Rita Debnath is the informant and mother of the prosecutrix, PW 2 is the victim prosecutrix, PW 3 Sri Kalipada Debnath father of the prosecutrix, PW 4, Smt. Anju Ghosh is the domestic helper of the family of the prosecutrix. PW 5 Smt. Anjali Das is the Ex-pradhan of the village. PW 6, Sri Indrajit Kar is the scribe of the FIR. PW 7 Smt. Kajal Bhowmik and PW 8 Smt. Kajal Das are the residents of the village of the prosecutrix. PW 9 is the learned Judicial Magistrate who recorded the statement of the victim prosecutrix under Section 164 (5) Crpc. PW 10, Dr. Gautami Chakraborty is the pathologist who examined the vaginal swab of the victim. PW 11, Sri Nripendra Narayan Das is the investigating officer and PW 12, Dr. Samar Das is the medical officer who examined the victim medically.