DURJYO KARMAKAR Vs. STATE OF TRIPURA
LAWS(TRIP)-2022-9-39
HIGH COURT TRIPURA
Decided on September 28,2022

Durjyo Karmakar Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

T.AMARNATH GOUD, J. - (1.)Heard Mr. R. G. Chakraborty, learned counsel appearing for the convict-appellant. Also heard Mr. Sumit Debnath, learned Addl. Public Prosecutor, appearing for the respondent-State.
(2.)This criminal appeal has been filed under Sec. -374 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dtd. 25/2/2019 passed by the learned Special Judge, Dharmanagar, North Tripura Judicial District in connection with case No. POCSO 05 of 2017, whereby and whereunder, the appellant has been convicted under Sec. s-447/376(2) of IPC and thereby sentenced him to suffer RI for 3(three) months under Sec. -447 of IPC and further sentenced to suffer RI for 10(ten) years for the offence punishable under Sec. -376(2) of IPC and in default, pay fine of Rs.10,000.00 with default stipulation. Both the sentences shall run concurrently.
(3.)The case of the prosecution, in a nutshell, is that on 26/9/2016, one Kamal Ganju, the complainant-father of the victim has appeared at Kadamtla PS and lodged one written ejahar with the O/C PS to the effect that he has only a daughter namely, 'X' (name withheld) who was aged about 15 years old. He leaving his daughter at home for work here and there. His daughter used to address Durjyo Karmakar @ Durju Karmakar, the convict-appellant herein as uncle but, he for last one month did not use to visit their house. He having found his daughter's health deteriorating, some neighbours inquired the matter from his daughter and his daughter, the victim girl uttered them that the convict-appellant in absence of her father, the complainant herein, used to visit their house and continuously raped her for last 9 to 10 months with assurance to marry her and the appellant asked her to keep the matter concealed otherwise he would assault her physically, so she did not disclose the matter to anyone. Subsequently, after medical examination the victim girl was found 8 months pregnant.


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