LITAN SHIL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is filed by the original accused to challenge the conviction and sentence awarded by the learned Special Judge, Gomati Judicial District, Udaipur, by a judgment dated 15th September, 2018.

(2.) As per the prosecution, on 9th July, 2014 at about 09.30 am. in the morning, minor daughter of the complainant aged about 5 years while returning from school when the accused misbehaved with her by pressing her chest and removing her undergarment. The victim girl narrated the incident to her mother upon which an FIR came to be filed against the accused in which it was further alleged that on the previous day also the accused had similarly misbehaved with another minor girl. A charge was framed against him for commission of offences punishable under Sections 341, 354(A), 506 of IPC and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (the 'POCSO Act' for short).

(3.) The prosecution examined the first informant, the mother of the victim girl as PW.1. She deposed that in the year 2014 in the morning hours her daughter had gone to the school. On the way back to home the accused caught her, pressed her breast and tried to open her panty. When she reached home the girl narrated the same to the mother upon which the FIR was filed.