RAJKUMAR NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is filed by the original accused who is convicted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, for short) and sentenced to undergo rigorous imprisonment of 3(three) years and pay fine of Rs.10,000 (rupees ten thousand) and to undergo further imprisonment of 6(six) months in default of payment of fine by the impugned judgment dated 19.02.2019 passed by the learned Special Judge, North Tripura Judicial District, Dharmanagar.

(2.) Briefly stated the prosecution version was that the accused lived near the house of the complainant. On 21.06.2017 when the complainant returned home she found her husband to be in highly agitated state of mind. Upon inquiries she was told that the accused had removed clothes of their minor daughter aged about 11 years, who would hereafter referred to as the victim girl, and he himself was in awkward condition when the girl was alone at home which was found out by the father of the girl when he returned. The mother of the victim girl lodged the first information report before the nearby police station the next day in which she had stated that at about 12 o'clock in the afternoon on 21.06.2017 she had returned home after attending a meeting of "Bandhan" held close to her house. She found her husband was very angry. Upon inquiry she found out that the accused had misbehaved with her daughter. She had also seen the accused in the vicinity. Upon being inquired with her daughter it was revealed that at about 11 o'clock in the morning the accused had come to their house in absence of anyone else. The girl was alone at home. He had made her to remove her pants and made her to lie down on the bed. He also opened his pant and at that time her husband returned home and the situation was saved from further aggravation.

(3.) Upon completion of the investigation the charge was framed against the accused alleging that on 21.06.2017 at about 12 o'clock in the afternoon taking advantage of the victim girl being alone at home he had dragged her on the bed with the intention of outraging her modesty and with sexual intent disrobed her by removing her pants and made forcible physical contact. He was, therefore, charged with the offence punishable under Section 7 of the POCSO Act and Section 354 of the Indian Penal Code.