TAPAS DAS Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Sarkar, learned counsel appearing for the accused-appellant and Mr. R. Datta, learned Public Prosecutor, appearing for the State-respondent.

(2.) This is an appeal under Sec. -374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dtd. 5/8/2017 passed by the learned Special Judge (POCSO) Khowai, West Tripura in connection with case No. Special POCSO 13 of 2016 against the present accused-appellant and thereby sentenced him to undergo RI for 1 (one) year for commission of offence under Sec. -448 of the IPC and also RI for 10(ten) years with fine of Rs.2,000.00 in default to suffer simple imprisonment for 6(six) months for commission of offence under Sec. -376(1) of the IPC and it was ordered that both the sentence shall run concurrently.

(3.) The prosecution story, in short, is that on 30/4/2015 in between 13/14 hours, the victim-girl was sleeping at her room when none of her parents or younger sister was present. At that time, the accused-person, the appellant herein, entered into that room of the victim-girl and requested her to switch on the TV. But, at that time, there was no electricity. However, the convict-appellant had tried to switch on the TV. Suddenly, the convict-appellant came very close to the victim-girl and gagged her mouth & raped her.