NARAYAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In impugnment, is the judgement and order of conviction and sentence dated 27.06.2019 respectively, passed by the learned Special Judge(POCSO), Sepahijala Judicial District, Bishalgarh, in case No. Special POCSO 10 of 2016, whereby and whereunder the appellant has been convicted under Section 376(2)(i) of IPC and Section 4 of the POCSO Act, and sentenced him to suffer RI for 10 years and to pay a fine of Rs.10,000/-, in default of payment of fine to suffer further imprisonment of 6(six) months, and further sentenced him to suffer RI for 10 years under Section 4 of the POCSO Act and to pay a fine of Rs.10,000/-, in default of payment of fine to undergo further imprisonment for 6(six) months. It was directed that both the sentences shall run concurrently.

(2.) The prosecution case, in a nutshell, is that on 07.12.2015, at about 6 a.m., the victim girl(here in after referred to as "victim" or "girl", according to the context) who was aged about 8 years and was a student of class-II, was waiting for the vehicle near the shop of the accused, Narayan Debnath at Kenania to go to her school, and at that time she went to the shop of the convict-appellant to purchase chips. The convict-appellant on seeing the victim called her inside his shop and made her to sit on his lap, and thereafter, he put his hand into her vagina. At that time, some people reached near the shop of the convict-appellant and the convict-appellant allowed the victim to leave his shop. On that night, the victim-prosecutrix disclosed the incident to her mother namely, Chinta Rani Debbarma. On the next day, the informant, Radha Charan Debbarma, who is the father of the victim girl, lodged a complaint with the Bishalgarh Women Police Station about the incident.

(3.) On receipt of the complaint, the Officer-In-Charge of the Bishalgarh Women Police Station registered Case No.2015 BLGW 40 of 2015 dated 08.12.2015 under Section 376(2)(i) of IPC and under Section 4 of the POCSO Act.