LAWS(TRIP)-2020-8-42

LAFRUCHAI MOG ALIAS HLAFRUCHAI Vs. STATE OF TRIPURA

Decided On August 28, 2020
Lafruchai Mog Alias Hlafruchai Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Ms. R. Purkayastha, learned counsel appearing for the appellant. Also heard Mr. S. Debnath, learned Addl. Public Prosecutor appearing for the State-respondent.

(2.) The convict-appellant has preferred the instant appeal against the judgment and order of conviction dated 15.06.2019 and sentence dated 19.06.2019, passed by the learned Special Judge, South Tripura, Belonia, whereby and whereunder the appellant has been sentenced to suffer imprisonment for remainder of his natural life and to pay a fine of Rs.10,000/- with default stipulation for committing offence punishable under Section 376(2) (1) of IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in Case No. Special (POCSO) 15/2017.

(3.) Prosecution case was set in motion on filing of a complaint made by the father of the victim to the effect that on 28.05.2016 at about 10:30 am while he was working in the land located in the backside of his house and his wife working in the kitchen, at that time the convict-appellant had committed rape upon her minor daughter (name withheld) who is mentally retarded inside a room where rubber is stored. The victim girl raised alarm and hearing her alarm the younger daughter and his wife had rushed to the spot and caught the convict-appellant. The neighbouring people also had gathered there. The convict-appellant was assaulted at the spot and that he saw her daughter having blood stain on her wearing apparels. On being informed, the police party arrived there and the informant lodged a complaint to the Officer-in-Charge of Baikhora Police Station.