PRAFULLA DUTTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Kar Bhowmik, learned counsel appearing for the appellant. Also heard Mr. Ratan Datta, learned Public Prosecutor appearing for the State-respondent.

(2.) This appeal has been preferred by the convict-appellant, namely, Prafulla Datta challenging the judgment and order of conviction and sentence dated 15.02.2019, passed by the learned Special Judge, Khowai, Tripura in case No. Special (POCSO) 11 of 2018.

(3.) FIR No. Khowai PS 2018 KHW 060 was registered on 10.05.2018 under Section 354-A of the Indian Penal Code ( for short, IPC) on the basis of a complaint lodged by one Smt. Khela Rani Deb inter alia, stating that while she along with her grand-daughter and grandson were travelling from Teliamura to Khowai by a Magic Jeep, then one 'Sadhu'(monk) who was sitting beside her grand-daughter, 12 years of age, had touched her breast. She cried out and the driver had stopped the vehicle. The complaint was investigated, the said 'Sadhu' namely Prafulla Datta was arrested on the same date i.e. on 10.05.2018. Ultimately, the investigating officer submitted chargesheet against the appellant under Section 354-A of IPC read with Section 8 of Protection of Children from Sexual Offences (for short, POCSO) Act, 2012. Mentionably, the victim's statement under Section 164(5) of CrPC was also recorded.