ALINDRA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY a common judgment and order dated 17-8-2006 passed by the learned Sessions Judge, West Tripura, agartala in case No. ST 13 (WT)A/2005, the accused namely Sri Dhanu Debbarma, Sri jitendra Debbarma, Sri Alindra Debbarma and Sri Bimal Debbarma were convicted and sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs. 1,000/-, each, and in default of payment of fine to suffer further rigorous imprisonment for three (3) months under Section 366a read with Section 34,i. P. C. while the accused sri Suraj Debbarama was acquitted of charge under Section 366a, I. P. C. but was convicted and sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs. 1,000/.-, in default of payment of fine to suffer further rigorous imprisonment for three (3) months under Section 366 read with Section 34,i. P. C. He was further sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/-, in default of payment of fine to suffer further rigorous imprisonment for six (6) months under Section 376 (1), I. P. C. Both the sentences would run concurrently.

(2.) THE aforesaid accused persons have preferred the above mentioned writ appeals againts the conviction and sentence passed by the learned Sessions Judge, West tripura, Agartala vide impugned judgment and order dated 17-8-2006.

(3.) THE prosecution tells its story like this. On 12-5-2004, the victim girl, Shila (the real name withheld), aged about 16 years, went to Chargharia along with her other relatives to attend a marriage ceremony of her cousin and she was supposed to return home on the following day. But she did not return home till the afternoon of the following day i. e. 13-5-2004. Shri Chitta Ranjan debbarma, father of Shila, who is an Inspector of Police, posted in the Office of the Superintendent in Dholai District at the relevant time, was informed by his wife Smt. Satya Rani Debbarma over telephone about the same. Smt. Satya Rani Debbarma, mother of Shila, also informed the same to jirania Police Station over telephone. Shila's father, getting the information, came home in the night of 13-5-2004. In the morning of 14-5-2004 Shila's father, along with the Staff of Jirania Police Station, searched places and recovered her daughter along with accused person from an abandoned hut in the jungle at Village Mohanta Shikari Para and they were brought to Jirania Police Station. On 14-5-2004, after recovery, the victim's mother talked to Shila at Jirania Police Station and on enquiry she told her mother that on 13-5-2004, in the afternoon, she along with her relatives were returning home from chargharia by an auto-rickshaw and on the way at about 5. 45 p. m. , near Chargharia school, the accused persons stopped the said auto-rickshaw and. forcibly took her in the house of accused Sri Dhanu Debbarma at village Mohanta Shikari Para. In that night accused Suraj Debbarma committed rape on her. After hearing the details of the incident from Shila, her mother Smt. Satya Rani debbarma lodged a written, FIR at Jirania police Station against the said five accused persons, on the basis of which the crime being Jirania PS Case No: 19/2004 was registered under Section 366/376/34, I. P. C. against them. During investigation, the Investigating Officer of the case visited the place of occurrence, prepared hand sketch map, examined available witnesses and recorded their statements under Section 161, cr. P. C. After completion, of investigation, the Investigating Officer submitted charge-sheet against the accused. persons under section 366/376/34, I. P. C. The Chief Judicial Magistrate, West Tripura, Agartala took the cognizance of the offence and referred the case to the Court of Sessions judge, West Tripura, Agartala. After receiving the case, the Learned, Sessions Judge, west Tripura, Agartala framed charges against the accused persons under Section 366a/34, I. P. C. Separate charge was framed under Section 366a/376/34, I. P. C. against the accused Suraj Debbarma. The prosecuiton, in order to bring the charges home against the accused persons, examined as many as 12 witnesses, produced documents and materials in evidence. After closure of the prosecution evidence, accused persons were examined under Section 313, cr. P. C, in which they totally denied the prosecution's evidence adduced against them. The accused Suraj Debbarma examined one DW in his defence. After the trial, the Learned Trial Court convicted and sentenced the accused appellants as stated earlier.