Takhirai Debbarma vs State of Tripura

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Tri) 118

S.TALAPATRA
Takhirai Debbarma – Appellant
Versus
State of Tripura – Respondent

Advocates:
Advocate Appeared:
For the appellant :Mr. N. Majumder, Advocate.
For the respondent: Mr. A. Ghosh, P.P.

JUDGMENT

Heard Mr. N. Majumder, learned legal aid counsel appearing for the appellant as well as Mr. A. Ghosh, learned public prosecutor appearing for the state.

2. This is an appeal by the convict against the judgment of conviction dated 16.12.2011, delivered in S.T.14(NT/KMP)/2011, by the Addl. Sessions Judge, North Tripura, Kamalpur (now Unakoti Judicial District, Kamalpur), convicting him under Sections 457/376(1) of the IPC. As consequence of that conviction, by the order dated 17.12.2011, the appellant has been sentenced to suffer three years rigorous imprisonment alongwith fine of Rs. 1,000 with default sentence under Section 457 of the IPC and further the appellant has been sentenced to suffer rigorous imprisonment for seven years alongwith fine of Rs. 2,000 with default sentence under Section 376(1) of the IPC.

3. The genesis of the prosecution is rooted in the written ejahar filed by one Nirmal Deb (PW.1), husband of the prosecutrix, to the Officer In-charge, Ambassa police station, disclosing that on 12.01.2010 at about 9.00 pm, the appellant stealthily entered in their kitchen and forcibly raped her wife. On hearing her screams, people from the neighbourhood rushed to the