This is an appeal against the judgment dated 9.1.92 of the Additional Sessions Judge, South Tripura, Belonia in ST 40 (ST/B) of 1988 convicting the appellant for the offence of rape under section 376, IPC and sentencing him to RI for five years and a fine of Rs.2,000/- and in default to suffer RI for three months more.

2. The brief facts of the case are that an FIR was lodged on 16.2.1986 by one Smti Saraswati Paul with the Office-in-charge of Baikhora PS alleging that a year back in the month of Baishakh the appellant came to her house during noon time in absence of her parents and forcibly cohabitated with her by tempting her to many soon. She further alleged that during the said month of Baishakh, the appellant cohabitated with her for three consecutive days, but out of fear, she kept it secret from her parents and in the month of Magha when she had labour pain, her parents came to know that she was pregnant. Thereafter,with the help of a local doctor Sukumar Poddar, she gave birth to a male child who died three days after. Her father narrated the incident to eminent persons of the locality in the village and the appellant confessed his guilt but refused to marry her because the

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