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2013 Supreme(Tri) 8

S.C.DAS
Ashu Das @ Nama – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Datta & Mr. D. Debbarma
For the Respondents: Mr. P. Bhattacharjee, Addl. P.P.

JUDGMENT

S.C. Das, J.

1. In this criminal appeal, the appellant named above, challenged the judgment and order of conviction and sentence dated 30.05.2006 passed by learned Additional Sessions Judge, Belonia, South Tripura in Case No. S.T. 10 (ST/B) 2006 where under learned Additional Sessions Judge found the accused appellant guilty of committing offence punishable under Section 376(2)(g) of IPC and Section 457 of IPC and sentenced him to suffer R.I. for 11 years and to pay a fine of Rs. 5,000/-, in default of payment to suffer S.I. for 6 months under Section 376(2)(g) of IPC and again sentenced him to suffer R.I. for 2 years and to pay a fine of Rs. 2,000/- in default of payment to suffer S.I. for 2 months under Section 457 of IPC. Heard learned counsel, Mr. R. Datta for the appellant and learned Additional PP., Mr. P. Bhattacharjee for the State respondent.

2. Prosecution case, briefly stated, is that on 7.05.2002 at about 2300 hours, 'Anima' (actual name kept concealed), the informant (P.W. 7) was sleeping in her hut with her two minor brothers. Her parents, aunt and grandmother were away from the house at Nripendranagar to see an ailing relative. At that point of time, the accuse


































































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