PRANAB DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This instant appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure challenging the judgment and order of conviction dtd. 1/9/2020. The accused-appellant herein was sentenced to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Rs.10,000.00 in default to suffer simple imprisonment for six months, for an offence punishable under Sec. 366 of the Indian Penal Code, and also sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.2,000.00 in default to suffer simple imprisonment for one month, for an offence punishable under Sec. 343 of the Indian Penal Code, and further sentenced to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.10,000.00 in default to suffer simple imprisonment for one year for committing offence punishable under Sec. 376(2)(i) of the Indian Penal Code on 3/9/2020 passed in Special 16(POCSO) of 2019 by the learned Special Judge, South Tripura, Belonia.

(2.) The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 16/12/2018, a written complaint was lodged by one Smt. Mina Karmakar of Ramthakurpara, P.S. Belonia, District-South Tripura with the Belonia Women Police Station alleging inter alia that on 16/12/2018 at around 11.30 A.M. her minor daughter (name withheld) like all other day left her residence bound towards her school on the pretext of attending examination. But, since she did not return home till night, she started searching for her daughter and she came to learn that one Bapan Datta @ Pranab Datta has kidnapped her minor girl. She also stated that she came to learn that her minor daughter was kidnapped by enticing her.

(3.) On receipt of the said ejahar, the Officer-in-Charge of Belonia Women Police Station registered the same as Belonia Women P.S. Case No.95 of 2018 under Sec. 366-A of the IPC. During the course of the investigation, police recovered the victim girl on 24/12/2018. They also arrested the accused person, the appellant herein. On the same day, 10(ten) witnesses were examined. The statement of the victim-girl was recorded under Sec. 164(5) of Cr.P.C. The medical examination of the victim-girl was also arranged. Thereafter, the investigating officer filed the charge sheet against the accused-appellant for the commission of offence punishable under Sec. 366/376(2)(i) of the IPC and under Sec. 6 of the POCSO Act.