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2011 Supreme(Gau) 107

A.C.UPADHYAY
Chittaranjan Roy – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S. Talapatra, Sr. Adv. and B. Deb, Adv.
For Respondents/Defendant: A. Ghosh, Addl. Public Prosecutor

JUDGMENT

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-



















































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