SUBAL BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dtd. 5/7/2019, passed by learned Special Judge, khowai District, Khowai, in connection with case No. Special (POCSO) 08 of 2015 whereby and whereunder the convict-appellant has been convicted under Sec. 8 of Protection of Children from Sexual Offences (POCSO) Act and sentenced him to suffer R.I. for 3 (three) years along with a fine of Rs.5,000.00 with default stipulation.

(2.) Short facts of the case are that one Rakhi Das, lodged a written complaint before the Officer-in-Charge, Teliamura Police Station stating inter alia that on 8/9/2014, at about 12:30 hours, her minor daughter [name withheld], aged about 10 years, went out a little distance from their house for letting their goats. At that time, Subal Bhowmik, the accused- appellant [here-in-after referred to as the accused] on getting her minor daughter alone grabbed her arms and tried to remove her wearing pant and also pressed her breast. Her minor daughter started to cry loudly and when the complainant moved forward upon hearing cry of her minor daughter, the accused had fled away.

(3.) On the basis of the said complaint, O.C., Teliamura P.S. had registered an FIR. Investigation was carried on. During investigation, the investigating officer recorded the statements of the victim girl under Sec. 164(5) of CrPC. The I.O. also recorded the statements of the available witnesses. Thereafter, on being satisfied with the allegations, I.O. submitted charge-sheet against the accused.