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TRIPURA HIGH COURT
*Arindam Lodh, S. G. Chattopadhyay, JJ.
Tapas Das v. State of Tripura
| Table of Content |
|---|
| 1. chronology of events detailing the crime. (Para 3 , 4 , 5 , 6) |
| 2. arguments from the appellant questioning the nature of the act. (Para 9 , 10) |
| 3. discussion on the victim’s evidence and medical examination findings. (Para 22 , 29) |
| 4. court's determination regarding legal definitions of rape. (Para 28 , 31) |
1. Heard Mr. S. Sarkar, learned counsel appearing for the accused - appellant and Mr. R. Datta, learned Public Prosecutor, appearing for the State - respondent.
2. This is an appeal under S.374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 05.08.2017 passed by the learned Special Judge (POCSO) Khowai, West Tripura in connection with case No. Special POCSO 13 of 2016 against the present accused - appellant and thereby sentenced him to undergo RI for 1 (one) year for commission of offence under S.448 of the IPC and also RI for 10(ten) years with fine of Rs. 2,000/- in default to suffer simple imprisonment for 6(six) months for commission of offence under S.376(1) of the IPC and it was ordered that both the sentence shall run concurrently.
3. The prosecution story, in short, is that on 30.04.2015 in between 1
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