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2021 Supreme(Tri) 39

ARINDAM LODH, S.G.CHATTOPADHYAY
Rajib Sharma S/o Late Tapan Sharma – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S. Sarkar, Mr. S.B. Deb, Mr. A. Hoque.
For the Respondent: Mr. Ratan Datta.

JUDGMENT :

S.G. CHATTOPADHYAY, J.

1. The appellant has preferred this appeal against judgment and order of conviction and sentence dated 07.08.2019 delivered in case no. S.T. (T-1) 31 of 2015 by the Sessions Judge of Dhalai Judicial District Ambassa whereby the appellant was convicted for having committed offence punishable under Section 376 (1) IPC and sentenced to RI for 10 years and fine of Rs. 20,000/- with default stipulation.

2. Factual back ground of the case is as under:

    The victim (name withheld to hide her identity) lodged the written FIR with the Officer in charge of Ambassa police station on 13.11.2014 alleging that the appellant had repeated sexual intercourse with her on the assurance of marriage as a result of which she became pregnant. When she was having 8 months’ pregnancy, the appellant at the instigation of his mother, refused to maintain any relationship with her. Eventually, she delivered a female child. When she met the appellant at his home with her new born baby, the appellant and his mother ousted her from their home after committing physical assault on her. Since then she was living with her parents along with her child.

3. Based on her FIR, Ambassa P.S. Case

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