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2012 Supreme(Gau) 713

SUBHASIS TALAPATRA
Chandra Mohan Barman – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Ms. P. Dhar, Advocate
For Respondents/Defendant: Mr. A. Ghosh, Addl. P.P.

JUDGMENT

Subhasis Talapatra, J.

1. Against the petitioner the prosecution was launched on the written complaint filed by the prosecutrix stating that the petitioner used to visit the house of the prosecutrix in absence of her parents and cohabit with her and induced her deceitfully stating that the petitioner would marry her. As a result, she became pregnant due to repeated cohabitation. As per the direction of the petitioner the prosecutrix had aborted her pregnancy once. They continued to cohabit even thereafter. Again she became pregnant. When the prosecutrix requested the petitioner to marry her, he started avoiding her. Being annoyed, the prosecutrix filed a written complaint and as the written complaint revealed a cognizable offence, Melaghar P.S. Case No. 80/96, under Section 493/315/376 of IPC, was registered and thereafter on completion of the investigation, the charge sheet was submitted against the petitioner and cognizance was taken under Section 376/315 of the IPC. The case was committed eventually to the Court of Sessions, as the offences were exclusively triable by the Court of Sessions. The Sessions Court, however, transferred the case to the Court of learned Assistan





















































































































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