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U.B.SAHA, S.TALAPATRA
Rakesh Sarkar @Pintu – Appellant
Versus
State of Tripura – Respondent
This is an appeal filed by the convict, herein after referred to as the appellant, under Section 374(2) of the Cr. P.C. against the judgment of conviction dated 24.01.2011 delivered in S.T. 122 (WT/A) of 2006 by the Addl. Sessions Judge, West Tripura, Agartala, Court No. 3. By the said judgment dated 24.01.2011, the appellant has been convicted under Section 376(2)(f) of the IPC for committing offence of rape and as consequence thereof he has been sentenced to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs. 5000/-and in default to suffer further rigorous imprisonment for one year.
2. In a nutshell the prosecution cae is that by filing a complaint, one Smti. Pratima Barman(PW-5) disclosed that her daughter, name withheld for protecting her identity, aged about 5½ years was raped by the appellant on 19.08.2005 around 7.30 p.m. The appellant is a distant relation of the informant. On 19.08.2005, at about 5.00 in the afternoon the appellant came to attend the invitation in the residence of the father of the informant. At about 7.30 in the evening, she noticed both her daughter and the appellant were missing. She immediately started search her daughter. Wh
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