A.C. Updhyay, J.

1. I have heard Mr. S. Talapatra, learned senior counsel, assisted by Mr. B. Deb, learned Counsel, appearing for the Appellant and Mr. A. Ghosh, learned Addl. Public Prosecutor, appearing for the State-Respondent.

2. By the impugned judgment and order, dated 09.12.2010, passed by the learned Addl. Sessions Judge, North Tripura, Kailashahar, in S.T. No. 03(NT/K)/2008, the accused-Appellant stands convicted under Section 376(1) of IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for one year.

3. The prosecution case, unfolds to reveal that, on 12.12.2006, the victim as well as the informant of the instant case, lodged a court complaint, alleging therein that, on 27.10.2006, in the evening, at about 3.00 p.m., she was proceeding towards Kailashahar with a view to submit a job application in the office of the P.W.D. On reaching Auto-rickshaw stand at Kumarghat, accused-Appellant met her and enquired from her regarding her journey and also told her that he would be able to manage a job for her and requested her to accompany him. Accordingly, she got into an Auto-rickshaw together with the accused-Appellant and came to Kailashahar near the 'Sri Krishna Hotel'. The accused-Appellant booked a room in Srikrishna Hotel and told the prosecutrix to write her name in the hotel register as 'Rupa Roy' (not her real name).

Thereafter, allegedly the accused-Appellant took the prosecutrix in the hotel room, on the plea that there was no separate room available in the hotel, for accommodation. Accordingly, the prosecutrix had to stay in the single room along with the accused-Appellant on that night. At about 9 p.m. at night the accused-Appellant entered into the hotel room, forcefully undressed her, throated her and threatened her not to raise any hue and cry. Accused-Appellant told her that she would be killed and she would not get any job. Thereafter, the accused-Appellant, raped her against her will several times on that night.

Though the hotel man came to her room with police hearing the sound of scuffling, but the prosecutrix did not open her mouth and disclose anything to them, as the accused-Appellant had threatened to kill her.

4. Thereafter, police was informed by the owner of the hotel and, accordingly, both the prosecutrix and the accused-Appellant were taken to the police station. Subsequently, the prosecutrix was handed over to her brother by the police. Later on, the prosecutrix informed the incident to her father and brother. Though local meetings were held and the local leaders gave assurance to settle the matter, but ultimately they failed and accordingly, a complaint petition was lodged by the prosecutrix, before the learned Chief Judicial Magistrate, North Tripura, Kailashahar.

5. On receipt of the complaint petition as aforenoted, the learned Chief Judicial Magistrate, North Tripura, Kailashahar, forwarded it to the O/C, Kumarghat P.S, for treating it as F.I.R., and to proceed with the investigation of the case. The Officer In-charge, Kumarghat P.S., accordingly, registered a case under Sections 376/420 IPC and launched investigation. On completion of investigation, the investigating police officer submitted the charge sheet against the accused Appellant alleging commission of offence under Sections 376/420 IPC.

6. During trial, the learned Addl. Sessions Judge (Fast Track Court), Kailashahar, North Tripura, framed the formal charge under Section 376(1) IPC against the accused-Appellant.

7. In the trial, the prosecution side examined as many as 15 witnesses to prove the charge against the accused-Appellant. On conclusion of recording of the evidence of the witnesses, the accused-Appellant was examined under Section 313 Cr.P.C., wherein he took the stand of total denial.

8. On conclusion of the trial, the learned Addl. Sessions Judge, Fast Track Court, Kailashahar, North Tripura, convicted the accused-Appellan