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2011 Supreme(Gau) 426

C.R.SARMA
Anath Giri – Appellant
Versus
State of Tripura – Respondent


JUDGMENT

C.R. Sarma, J.

1. This appeal is directed against the judgment and order, dated 19-8-05, passed by the learned Sessions Judge, West Tripura, Agartala, in case No. S.T. (WT/A) 164 of 2004. By the impugned judgment and order, learned Sessions Judge convicted the Appellant for the offence under Section 376 of the Indian Penal Code (for short, 'IPC') and sentenced him to suffer rigorous imprisonment for ten years. Aggrieved by the said judgment and order, the convict as Appellant has come up with this appeal.

2. I have heard Mr. S. Deb, learned Senior counsel assisted by Mr. S. Datta, learned Counsel appearing for the Appellant. Also heard Mr. R.C. Debnath, learned Special Public Prosecutor appearing for the Respondent.

3. The prosecution case, in brief, may be stated as follows:

One evening, in the month of Phalgun, 1410 BS (corresponding to 15th February to 15th March, 2004 AD), the minor daughter (hereinafter referred to as 'the victim girl') of Smt. Minati Ghosh (PW 5) was sleeping alone in her house. Taking this opportunity of absence of the mother of the victim girl, who was away from her house in connection with her duty relating to Anganwadi school, her neighbourer Sri Anat


















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