BAHADUR DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appellant was charged under Section 376(2) (i) of the Indian Penal Code, the IPC in short, and under Section 4 of Protection of Children from Sexual Offences Act, 2012, the POCSO Act in short. After regular trial, the appellant has been convicted under Section 376 (1) of the IPC by the judgement dated 30.07.2018 delivered in Special POCSO 12 of 2016 by the Special Judge (POCSO), West Tripura, Khowai. Pursuant to the said judgment, the appellant has been sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/- with default stipulation. It has been observed by the Special Judge that if the fine is realized, the said money shall be paid to the victim as compensation for her and for her minor child born out of rape. The benefit of Section 428 of the Cr.P.C. has been extended and as such, the detention as suffered by the appellant shall be set off from the term of imprisonment.

(2.) By means of this appeal filed under Section 374(2) of the Cr.P.C., the said judgment and order of conviction and sentence dated 30.07.2018 have been challenged.

(3.) The genesis of the prosecution is located in the written complaint Exbt.5] filed by one Radhakanta DebbarmaPW-1], revealing that his minor daughter name withheld for protection of her identity] was suspected of something'untoward' when his wife asked their daughter about her health. Then he came to learn that about 4 month's prior to that day, in one evening dust], his daughter had gone to the rubber garden located at the backside of that house of Bahadur Debbarma of their village for grazing cow. At that time, Bahadur Debbarma, aged 55 years, committed rape on his daughter. After commission of rape, Bahadur Debbarma threatened his daughter not to disclose that incident to anyone. PW-1's wife informed the said culpable act to the wife of Bahadur Debbarma when she had gone to that house of Bahadur Debbarma. Even the wife of Bahadur Debbarma requested PW-1's wife not to disclose the said occurrence to anyone. On the following day, Bahadur Debbarm's wife came to the house of PW- 1. Thereafter, PW-1's wife had taken their daughter to Khowai for medical check up. The doctor told them that their daughter was having pregnancy for four months. Thereafter, PW-1's wife informed the matter to the village elders. Bahadur Debbarma came to their house and told them not to file any case as he would pay money as well as land to them. But the village elders advised PW-1 to inform the police in the matter. Accordingly, the oral complaint was filed by PW-1 on 19.09.2015 to the Officer-in- Charge, Champahour Police Station, Khowai. Based on the said ejahar, Champahour P.S case No.2015CPHPS023 was registered under Section 376(2) (i)/506 of the IPC and under Section 4 the POCSO Act. The case was investigated by Ramulas Sangma PW- 11], a Sub-Inspector of Police posted in the said police station. On completion of investigation, the police report chargesheeting the appellant, Bahadur Debbarma, was filed under Sections 376/506 of the IPC and under Section 4 of the POCSO Act. The appellant was arrested during the investigation.