P.K. Musahary, J.

1. Heard Mr. B. Deb, learned Counsel appearing for the Appellants. Heard also Mr. P. Bhattacharjee, learned Additional Public Prosecutor, Tripura.

2. This appeal is directed against the judgment and order dated 5.3.03 passed by the learned Additional Sessions Judge, South Tripura, Udaipur in Case No. S.T.85(ST)/U) of 2000 convicting and sentencing the convict Appellant No. 1 to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to suffer further imprisonment for 3 months, and also for convicting and sentencing the convict Appellant No. 2 to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 2000/- and in default of payment of fine to suffer further imprisonment for 3 months for committing offence under Section 354 of Indian Penal Code, 1860 read with Section 109 of Indian Penal Code, 1860.

3. The prosecution story in brief is that on 13.1.1998 at about 7.30 p.m. while Reshmi Debbarma and her younger brother Rajesh Debbarma, residents of Dhwajanagar under R.K. Pur Police Station, were returning home from the residence of their aunt Sonali Singha Roy and crossing the house of Smti. Lila Talukdar were obstructed by Mintu Muhuri and Lila Talukdar i.e. the convict Appellant No. 1 and convict Appellant No. 2 respectively. Mintu gagged and dragged Reshmi towards the back side of the dwelling hut of Lila Talukdar. Lila Talukdar detained Rajesh threatening him not to disclose the fact to anybody else. After about half an hour Resmi was released by Mintu. Then she came back to her brother and they together returned home. Out of shame and fear they could not disclose the fact to anybody instantly. In the following evening Reshmi was noticed by her mother weeping on her study table. On being enquired Rajesh disclosed to her mother the incident of sexual assault on Reshmi. Reshmi also disclosed the fact to her mother. In the following morning i.e. in the morning of 15.1.98 at about 7.30 A.M. Rekha Debbarma, mother of Reshmi accompanied by Reshmi herself, Rajesh, Sonali Singha Roy and Rakhi Debbarma visited the house of their neighbour Kanu Ghosh seeking advice and redressal. At that time Kanan Ghosh, W/o Kanu Ghosh, Mintu and Lila Talukdar were also present there. In course of discussion all the neighbours blamed the victim girl and her family members since they belong to Scheduled Tribe community and all the neighbours belong to Bengali community. Reshmi charged Mintu for assaulting her sexually and remarked that if she had to die, she would die with Mintu Muhuri. With this remarks she ran away towards her residence. After a few minutes there was alarm saying fire-fire. Rekha Debbarma, Rajesh Debbarma and other relatives rushed to their residence and found smoke in their dwelling hut with doors bolted from inside. They opened the door and found Reshmi burning. Reshmi was wrapped by a quilt and the fire got extinguished. The entire body of Reshmi was found to have been burnt. She was immediately brought to Tripura Sundari District Hospital, Udaipur wherefrom she was shifted to G.B. Hospital, Agartala. She died on 17.1.1998 due to 100% burn injury. A suicidal note written by Reshmi in Bengali was found by Rajesh Debbarma. It contains the fact that as Mintu S/o. Ajit Muhuri committed physical torture on her and for this reason she was ending her life urging suitable punishment for Mintu.

4. A written FIR was lodged on 16.1.98 by Rajdhan Debbarma, PW 4, father of the victim, who was serving in the police department as Head Constable at Manughat P.S. on the basis of which R.K. Pur P.S. Case No. 9/1998 was registered under Section 376 Indian Penal Code, 1860. During investigation, the first investigating officer, Smti. Ila Deb, PW 14, seized a suicide note written in Bengali and answer script written by the deceased during her School examination from Udaipur Girls' Higher Secondary School. The charge sheet was filed by the third investigating officer S