HIGH COURT OF TRIPURA AGARTALA CRL A (J) 64 OF 2024 Sri Santa Debbarma, S/o Shri Nandi Debbarma, village-School Para, Manu, P.S. Manu, Dist. Dhalai Tripura.

….Convict-Appellant Vrs.

The State of Tripura ….Respondent Present:

For the appellant : Ms. Varsha Poddar, Advocate.

Mr. Arjun Acharjee, Advocate.

For the respondent : Mr. Raju Datta, P.P.

Date of hearing and : 18.02.2026 delivery of judgment Whether fit for reporting : No HON’BLE MR.JUSTICE T. AMARNATH GOUD HON’BLE MR.JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER(ORAL)

[ T. Amarnath Goud, J This criminal appeal has been filed under Section 374 of CrPC against the impugned Judgment and order of conviction and sentence, dated 16.06.2023, passed by learned Additional Sessions Judge, Ambassa, Dhalai Judicial District in Case No.ST(T-1) 31 of 2021, whereby and whereunder the appellant has been convicted under Section 448 of IPC and sentenced him to suffer S.I. for 1(one) month. Further, under Section 376(1) of IPC and sentenced him to suffer R.I. for 10(ten) years along with a fine of Rs.100,000/- (rupees one lakh) payable to the legal heirs of the deceased with default stipulation, and also sentenced to suffer Life imprisonment for commission of offence punishable under Section 302 of IPC. All the sentences were passed to run concurrently.

2. Brief facts of the prosecution case are that on 29.07.2021, the informant, namely, Sri Daharam Reang lodged a written ejahar before the O.C., Manu Police Station alleging, inter alia, that on that day, at morning on receiving information from a shop of his locality, he rushed to his house and found the dead body of his niece, the victim, lying naked on the floor of his room. It is alleged that he was not present at his home on that day as he and his wife went to their Jhum field for cultivation. His old aged father-in-law was residing with them in their house and his neice, the victim, used to look after him staying in their house as she was deserted by her husband. The informant later came to know that his aged father-in-law went out from the house on the previous day of the occurrence and the victim stayed there with Sumita, her cousin sister in that house. In the evening of fateful day, the accused, Santa Debbarma along with another boy came to his house, consumed liquor with his friend and thereafter they both left. But, after sometime the accused again came back to his house and gave indecent proposal to the victim in presence of the minor counsin sister of the victim, but she refused to do so. The accused then threatened the minor sister of the victim with a stick and she being scared, left the house and then taking the advantage of loneliness, he forcibly raped and murdered her.

3. On the basis of that complaint, on 29.07.2021 a case was registered as Manu PS Case No.32 of 2021, under Sections 448/376/302 of IPC against the aforesaid accused person and investigation was commenced. Finally, after completion of investigation, the I.O. submitted charge-sheet against accused Santa Debbarma before the learned Addl. Special Judge, Ambassa, Dhalai Judicial District, and subsequently, learned Court below took cognizance of the offences and framed charges against the said accused for commission of offence under Sections 448/376/302 of IPC Act to which the he pleaded not guilty and claimed to be tried.

4. To prove the charges, a total of 23 witnesses were examined by the prosecution and proved some material documents and objects as exhibits.

5. The accused at the time of examination under Section 313 CrPC denied the prosecution case as false claiming himself to be innocent. He also declined to adduce any defence witness.

6. Finally, learned Court below after hearing the learned counsel of both sides and considering the evidence on record found the accused guilty of the offences, convicted and sentenced him under the aforesaid charges.

7. Being aggrieved by and dissatisfied with the impugned judgment and order of sentence, the appellant has filed the in