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THE HIGH COURT OF TRIPURA AGARTALA
U.B. SAHA & S. TALAPATRA, JJ.
Anima Poddar – Appellant
Versus
The State of Tripura and ors. – Respondents
Crl. Rev. P. 76 of 2011
Decided On : 23.06.2015
rape - acquittal - Sections 376(1)/417/323 read with Section 34 IPC - [Sections 376(1)/417/323/34 IPC] - The court discussed the evidence of the victim, the promise of marriage by the accused, and the pregnancy of the victim. It highlighted the contradictions in the victim's statements and the doubts raised regarding the veracity of the evidence. The court emphasized the principle of degree of proof in criminal cases and the need for the absence of doubt in convicting the accused. The judgment of acquittal was upheld based on the principle that where two views are possible, the view favoring the accused should be accepted.
Fact of the Case:
The victim alleged that the accused raped her and promised to marry her, leading to a pregnancy. The accused were acquitted by the trial court due to doubts raised regarding the victim's statements and evidence.
Finding of the Court:
The court found that the evidence raised doubts about the veracity of the victim's statements and the involvement of the accused in the alleged rape. It emphasized the principle of degree of proof in criminal cases and upheld the judgment of acquittal based on the absence of doubt in convicting the accused.
Issues: The issues revolved around the credibility of the victim's statements, the promise of marriage by the accused, and the doubts raised regarding the involvement of the accused in the alleged rape.
Ratio Decidendi: The court emphasized the principle of degree of proof in criminal cases and the need for the absence of doubt in convicting the accused. It upheld the judgment of acquittal based on the principle that where two views are possible, the view favoring the accused should be accepted.
Final Decision: The instant revision petition was found devoid of merit, and the order of the learned trial court was maintained, upholding the acquittal of the accused respondents.
Saha, J.
Challenge in this petition is the judgment dated 05.09.2009 passed by the learned Assistant Sessions Judge, Court No. 1, West Tripura, Agartala in S.T. 121(WT/A) 2007, whereby and whereunder the accused respondents were acquitted from the charges under Sections 376(1)/417/323 read with Section 34 IPC.
2. Heard Mr. P Saha, learned counsel for the appellantvictim as well as Mr. RC Debnath, learned Addl. PP for the State and Mr. S Lodh, learned counsel for the accused respondents.
3. The prosecution case in short is as follows:
The victim ‘X’ (PW 1) lodged a complaint before the learned CJM, West Tripura, Agartala stating inter alia that accused Uttam Ghosh had a business relation with her brother, Sri Laxman Poddar (PW 3) and consequent thereto the accused Uttam frequently came to their house. One day when she was alone in the house, accused Uttam taking the advantage of that, raped her (‘X’) against her will. When she told the accused that she will inform regarding the incident to all other inmates, then the accused Uttam told her that he had fallen in love with her and that he would marry her as per social customs and with this assurance of marriage he left her house. The victim complainant further mentioned in her complaint petition that after this incident the accused Uttam caused further rape on her on other days for about one year by giving her assurance of social marriage and also by tempting her of his love for the complainant but the said accused avoided the complainant one year later.
4. It is also stated that on 04.03.2007, a Sunday at about 8.30 p.m. accused Uttam took the complainant to his house on the pretext of marrying her and lodged her in his bedroom and also told her that social marriage would be performed on the following morning and with that assurance he again committed sexual relation with her but on the following morning the accused was found missing from his house. When the complainant woke up, other accused namely, Sri Babul Ghosh abused the complainant in filthy language and also assaulted her physically and tore her Saree, Blouse and outraged her modesty while she started shouting and other inmates of the house of the accused appeared and abused her and started assaulting her. She was tortured by them for the entire day physically and mentally by the accused persons, namely, Sri. Swagatam Ghosh, Sri. Anup Deb, Smt. Santa Deb and Smt. Sita Dey and thereafter, she was dragged away from that house and the local people were informed who ultimately convened a meeting on 09.04.2007 for taking a decision in the matter when all the accused appeared in the said meeting and apologized and also assured that the accused Uttam would marry her by the next Baisakha. But ultimately, accused Uttam did not marry her and thus she filed the complaint petition, as per the decision of the meeting.
5. Learned CJM, West Tripura, Agartala sent the complaint petition to Lefunga P.S. Upon receipt of the aforesaid complaint, a police case was registered under Section 417/376/323/34 IPC against six accused persons, namely, 1. Sri Uttam Ghosh, 2. Sri Swagatam Ghosh, 3. Sri Anup Deb, 4. Smt. Santa Deb, 5. Smt. Sita Deb and 6. Sri Babul Ghosh.
6. On the basis of the complaint, the police started investigation and finally submitted the charge sheet against the accused Uttam Ghosh under Section 417/376 IPC and against accused Babul Ghosh under Sections 342/354/323/34 IPC and against the other accused persons under Section 342/323/34 IPC.
7. As the case was exclusively triable by the Court of Sessions, the same was committed to the court of the learned Sessions Judge, West Tripura, Agartala for trial and the same got transferred to the court of learned Addl. Sessions Judge, Court No. 4, West Tripura, Agartala for disposal in accordance with law.
8. On 10.03.2008, after hearing the parties on the charge, learned Addl. Sessions Judge, discharged the accused Anup Deb, Swagatam Ghosh and Santa Dey and charge was framed
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