TAPAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal directed against the judgment and order of conviction and sentence dtd. 1/7/2019 passed by learned Special Judge (POCSO), North Tripura, Dharmanagar, in connection with case No. Special 02 (POCSO) of 2019 whereby and whereunder the convictappellant was convicted and sentenced to suffer R.I. for one year with a fine of Rs.5000.00 with default stipulation, for commission of offence punishable under Sec. 354 A(1) (i) of IPC and further to suffer R.I. for 3(three) years with a fine of Rs.5000.00 with default stipulation, for commission of offence punishable under Sec. 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) Facts, in brief, are that one Basanti Deb, the mother of the victim girl had lodged a complaint to the Officer-in-Charge, Dharmanagar Women Police Station stating inter alia that on 7/8/2018, at around 8 O'clock night, when her daughter victim went out of the hut to respond nature's call, at that time, the accused-appellant herein, had forcefully taken away her daughter by pressing her mouth to a nearby bamboo thicket by the side of their pond. Having not found her daughter she started to search her and then she suddenly saw that her daughter was coming by the side of the bank of their pond. On being asked, her victim daughter informed the aforesaid incident to her. The victim further told to her that accused Tapan Das forced to make physical relation with her. At that time hearing the voice of her family members and seeing the light of a torch, accused Tapan Das unclasped her daughter's hand and told her to return home. The FIR was filed on 13/8/2018. Explaining the delay, the complainant stated that out of social disgrace filing of FIR was delayed.

(3.) On the basis of the said complaint, the O.C., Dharmanagar Police Station had registered a case, endorsed the same to a Sub-Inspector (PW-11) and the matter was investigated. During investigation, I.O. had recorded the statements of the available witnesses, arranged for examination of the victim under Sec. 164(5) of CrPC and also arranged for her medical examination. On closure of investigation, the investigating officer being satisfied with the prima facie case established against the accused-appellant had submitted charge-sheet.