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2020 Supreme(Tri) 35

S.TALAPATRA, S.G.CHATTOPADHYAY
Sanirai Kaloi – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.K. Biswas, Sr. Adv., P. Majumder and S. Roy, Advs.
For the Respondents: S. Ghosh, Addl. PP

JUDGMENT :

S. Talapatra, J.

1. This appeal by the convict is directed against the judgment and order of conviction and sentence respectively dated 03.08.2009 and 05.08.2009 by the Addl. Sessions Judge, Gomati Judicial District, Udaipur in Case No. ST 25 (GT/A) of 2017 (T-1). By the said judgment, the appellant has been convicted under Section 417/376(2)(n) of the IPC. Pursuant to the said judgment, the appellant has been sentence to suffer rigorous imprisonment of ten years and to pay fine of Rs. 30,000/- with default stipulation for commission of offence punishable under Section 376(2) (n) of the IPC. He has been further sentenced to suffer simple imprisonment for six months for commission of offence punishable under Section 417 of the IPC. Both the sentences are directed to run concurrently. The period of detention, if any, undergone by the convict during investigation, inquiry and trial, has been directed to be set off from the substantive period of imprisonment.

2. The genesis of the prosecution case is rooted in the complaint (Exbt-1) lodged by the victim (PW-1) [the name is withheld to protect the identity of the victim] to the Officer-in-Charge, Ampinagar Police Station, Gomati

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