SANKAR MUNDA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was charged under Section 376 (2)(i) of the IPC and also separately under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act in short) for committing rape and penetrative sexual assault on the victim at any time of 15.05.2016 to 22.05.2016 at his house under Churaibari Police Station.

(2.) After regular trial that commenced on his denial of the charges, by the judgment dated 20.03.2017 delivered in Special (POCSO) 0000010 of 2016 by the Special Judge (POCSO), North Tripura Dharmanagar, the appellant has been convicted under Section 376(1) of the IPC having observed as follows:

(3.) Pursuant to the said judgment of conviction, the appellant has been sentenced to suffer rigorous imprisonment for 10 years and pay fine of Rs.10,000/- with default stipulation for committing offence punishable under Section 376(1) of the IPC with further direction that if the fine money is realized that shall be paid to the victim as compensation. Further that the detention as suffered by the appellant during investigation or trial shall be set off under Section 428 of the IPC. The said judgment and order are under challenge in this appeal.