MANIK BHAKTI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment and order of conviction and sentence dated 09.11.2017, passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar in Case No. POCSO ACT 02 of 2017 whereby and whereunder the appellant has been convicted under Section 6 of Protection of Children from Sexual Offences (POCSO)Act and sentenced to suffer R.I. for life which shall mean remainder part of his life and to pay a fine of Rs.10,000/- with default stipulation.

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(3.) Briefly stated that the mother of the victim, Smt. Sumitra Bhakti lodged a written complaint on 08.09.2017 to the Officer-in-Charge of Churaibari Police Station, Dharmanagar, inter alia, stating that on 05.09.2015 when she, her other sons and daughters were not at home, her husband namely Manik Bhakti at noon made an attempt to commit rape upon her victim daughter while she was alone at her home. Hearing the cry of her daughter, Namita Chanda and her husband Binay Chanda rushed to her house and saved her. It was further stated that at the time of lodging of that complaint her victim daughter was suffering from physical pain. Explaining the delay in lodging the complaint, the complainant stated that the incident was discussed within her family and for that purpose a considerable time was consumed to lodge the complaint.