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2012 Supreme(Gau) 1260

S.C.DAS
Nani Gopal Sarkar – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. P. Majumder, Amicus Curiae
For Respondents/Defendant: Mr. A. Ghosh

JUDGMENT

S.C. Das, J.

1. This criminal appeal under Section 374 of CrPC is directed against the judgment and order of conviction and sentence dated 30.06.2006, passed by learned Assistant Sessions Judge(Court No. 1), West Tripura, Agartala, in Sessions Trial No. 59 (WT/A) of 2005. Learned trial Judge found the accused appellant, Nani Gopal Sarkar guilty of committing offence punishable under Section 376(2)(f) of IPC and sentenced him to suffer RI for eight years.

Being aggrieved with the judgment and order of conviction and sentence, the appellant preferred the present appeal, on different grounds.

This is an exceptional case of sexual molestation of a destitute minor girl, aged about 7/8 years, who lost her father in her early childhood and also deserted by her mother. She subjected to rape by a full grown man, aged about 40, a constable of police by profession, whom the minor girl used to call as grandfather.

1.1 Facts, leading to the criminal trial and consequent punishment of the accused appellant, in short, are that the minor girl "Archana" (actual name kept withheld) was residing with her paternal uncle (elder brother of her father), Rasaraj Acharjee (PW 1) along with her grandmot


























































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