HIRALAL ROY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. is directed against the judgment and order of conviction and sentence dtd. 27/6/2019 passed by the learned Special Judge, Dhalai Judicial District, Ambassa in case number (POCSO) 09 of 2016 whereby the convict appellant, Hiralal Roy @ Tinku was convicted and sentenced to rigorous imprisonment for 10 [ten] years and a fine of Rs.15,000.00 with default stipulation under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, in short, POCSO Act.

(2.) Victim's father [PW-2] lodged the written information to the Officer-in-Charge of Manu Police Station in Dhalai judicial district on 29/9/2015 at about 06.40 pm alleging inter alia that on 8/2/2015 at about 10 o'clock in the morning, his 12 [twelve] years' old daughter [victim] went to the nearby river for taking bath. While she was returning home after taking bath, 24 [twenty four] years' old appellant caught hold of her daughter and dragged her into the jungle where he committed rape on her and framed a video of his overt act by his mobile. After the incidence, the appellant threatened the victim that in case she divulged the incidence to anybody, he would kill her and her parents. In fear of the appellant, the victim remained silent for a long period. After the obscene video was circulated by the appellant, the informant and his wife came to know about the occurrence from their neighbors. When they asked their victim daughter about the incidence, she shared the details with her parents.

(3.) Based on such information, Manu PS case number 021 of 2015 under Sec. 376(2)(i) read with Sec. 506, IPC and Sec. 4 of the POCSO Act, 2012, and Sec. 67B of the Information Technology Act, 2000, was registered against the appellant.