SOBIRAM REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Challenge in the instant appeal is directed against the judgment and order of conviction and sentence dtd. 14/11/2019 and 16/11/2019 respectively passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar in case No. Special (POCSO) 28 of 2019 whereby the Special Judge convicted the accused-appellant under Sec. 376AB read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, for short) and sentenced him to suffer rigorous imprisonment for life for the commission of offence punishable under Sec. 376AB of the Indian Penal Code (IPC, for short) and also to pay a fine of Rs.10,000.00(Rupees ten thousand) only for the said offence and in default thereof to undergo further rigorous imprisonment for one year.

(2.) The facts of the case as revealed from the Ejahar filed by Sri Bajuram Reang, father of the victim girl (name withheld) and evidences on record, in a nut shell, are that on 14/4/2019 at noon, the appellant-convict had called the victim girl, aged about 10 years, daughter of Sri Bajuram Reang in his room and had committed rape upon her and threatened to kill her if she disclosed the said incident to anybody. At the initial stage, the victim girl did not utter a single word regarding the rape committed upon her on 14/4/2019, but one night she felt pain to urinate which she duly informed her parents and subsequently also informed them about incident occurred on 14/4/2019 and further informed her parents that about 10/12 days back from 9/5/2019, the appellant-convict had allured her with a biscuit to eat and committed rape upon her and for several times, he kept on committing rape on her. After knowing all such, the father of the victim i.e. Sri Bajuram Reang had taken the victim girl to Makunda Hospital of Assam for her treatment. Thereafter, victim's father had lodged an Ejahar with the Officer-in-Charge of Damcherra Police Station. On the basis of the said Ejahar, Officer-in-Charge, Damcherra Police Station had registered an FIR being No.2019/DMC/007 dtd. 12/5/2019 against the appellant-convict for commission of offences punishable under Sec. 376(2)(i)(n)/506 of IPC read with Sec. 4 of POCSO Act.

(3.) On completion of investigation, the Investigating Officer being satisfied that a prima facie case has been well established, submitted charge sheet against the appellant-convict for commission of offences punishable under Sec. 376(2)(i)(n)/506 of IPC read with Sec. 4 of POCSO Act. Upon receipt of the charge sheet, the Trial Court took cognizance of the offences punishable under Sec. 376(2)(i)(n)/506 of IPC read with Sec. 4 of POCSO Act and subsequently after hearing both sides on the point of framing of charge being prima-facie satisfied, charges under Ss. 376AB/506 of IPC read with Sec. 4 of POCSO Act were framed against the appellant-convict. After framing of charges, learned Trial Court examined the prosecution witnesses and thereafter on completion of prosecution evidence having examined the accused under Sec. 313 of Cr.P.C., convicted him to suffer rigorous imprisonment for life for the commission of offence punishable under Sec. 376AB of the IPC and also liable to pay a fine of Rs.10,000.00 (Rupees ten thousand) only for the said offence and in default thereof to undergo further rigorous imprisonment for one year. Being aggrieved and dissatisfied with the judgment passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar, the appellant-convict has preferred the present appeal. Hence, this case.