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2009 Supreme(Gau) 179

C.R.SARMA
Biplab Roy – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Somik Deb, Adv.
For Respondents/Defendant: D. Sarkar, Adv.

ORDER

C.R. Sarma, J.

1. Challenge in this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) is to the order dated 4.6.2008 passed by the learned Asstt. Sessions Judge, Court No. 2, West Tripura, Agartala in case No. S.T. 07 of 2008 framing the charge under Section 376(1) and 417 of the Indian Penal Code (hereinafter referred to as IPC). The correctness of the order framing the charges as aforesaid has been questioned in this criminal revision.

2. Heard Mr. Somik Deb, learned Counsel appearing for the revision Petitioner and Mr. D. Sarkar, learned Public Prosecutor for the State.

3. A brief reference to the factual aspects would suffice. On 20.4.2007 an FIR was lodged with the Police alleging that the accused-Petitioner who used to regularly visit the house of the victim girl (the name of the victim girl is not disclosed) and about 9 months prior to the filing of the FIR at about 9 p.m. during the absence of the other family members in the house the accused-Petitioner, went into the room of the victim girl, gagged her mouth and had forcible sexual intercourse with her as a result of which she became pregna

















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