JOWEL NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This instant appeal has been filed under Sec. 374(2) of the Criminal Procedure Code for quashing/setting aside of the judgment and order of conviction dtd. 1/9/2021 passed by the learned Special Judge (POCSO), North Tripura, Dharmangar, Tripura in Case No. Special (POCSO) 02 of 2020.

(2.) The fact of the case, in brief, is that, one Smt. Shelly Rani Das, W/o Sri Sajal Kanta Das of West Padmadil, Ward No.05, P.S. Panisagar, North Tripura, District-Tripura, lodged an ejahar on 18/12/2019 with the officer-in-charge of Panisagar Police Station. In the said ejahar, it was alleged that on 5/11/2019 at about 6.30 to 7.00 am, her minor daughter, name withheld, a student of Class-VIII, aged about 14(fourteen) years went out from the home to attend her private tuition at Nutun Bazar, Padmabil, but, she did not return home. At about 10.00 am, she searched in all possible places but ultimately she could not be traced. Thereafter, the victim made a call on a mobile phone and informed her mother that the accused-appellant herein and his another associate gagged her mouth and forcibly kidnapped her by a motorbike. She was taken away to the house of the appellant herein. Hearing the information, the complainant and her husband went to the house of Jowel Nath, the appellant herein, and consulted the mother of the appellant, Smt. Jayanti Nath. She refused to hand over the victim to her parents and assured them that there would be an amicable settlement of the matter. In the meantime, the accused-appellant kept the victim confined in his house and repeatedly had sexual intercourse with her. Thereafter, they declined to settle the matter amicably for which delay was caused in lodging the ejahar.

(3.) O.C. Panisagar P.S. accordingly registered a Panisagar Police Case No.2019 PNS 071 for the commission of offenses punishable under Sec. 366A, 376(3) of IPC read with Sec. 4 of the POCSO Act, 2012 against the appellant herein. S.I. Gurupada Debnath was entrusted with the charge of the investigation. In the course of the investigation, the victim was produced before the medical officer for her medical examination. Accordingly, medical examination was done, the report was collected and placed on record. The statement of the victim was recorded under Sec. 164 of Cr.P.C. on 19/12/2019. The appellant was also arrested and was medically examined and report of the said examination was collected and also placed on record.