SAJAN SUKLABAIDYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. M. Roy, learned Counsel for the appellant as well as Mr. S. Ghosh, learned Additional PP appearing for the State-respondent.

(2.) This is an appeal under Sec. 374 Cr.P.C. against the judgment and order of conviction and sentence dtd. 12/6/2019 in connection with case No. Special (POCSO) 08 of 2018 whereby and whereunder the learned Special Judge (POCSO), Dharmanagar, North Tripura had convicted the appellant for the offence punishable under Ss. 354 (A)(1)(i) of the IPC and under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and, sentenced him to suffer R.I. for one year and to pay a fine of Rs.5,000.00 with default stipulation for commission of offence under sec. 354 (A)(1)(i) of the IPC and further sentenced him to suffer R.I. for three years and to pay a fine of Rs.5,000.00 with default stipulation for commission of offence under Sec. 8 of the POCSO Act.

(3.) The facts, in brief, are that, the father of the victim girl lodged a complaint with the Officer-in-Charge of Dharmanagar PS stating inter alia that on the fateful day his victim daughter went to the house of her friend, namely, 'Sumi' and when they entered into the room of 'Sumi', one Sajan (the accused appellant herein) entering into the room locked the door and sexually harassed the victim by touching her breast and pulling her frock. Sumi tried to resist and warned the accused not to do the said act. At the same time, the victim girl raised alarm. Being frightened, the accused had fled away from the spot. Thereafter, both Sumi and the victim girl proceeded towards their house and just coming out of the house of Sumi, they met Smt. Sukla Rani Goswar (PW-4) and narrated the incident to her. Thereafter, the victim girl alongwith Sumi after coming to their house narrated the incident to her parents and, thereafter, the father of the victim i.e. the complainant (PW-3) Kiran Manikya Sharma lodged the complaint.