KRISHNADHAN SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the appellant. Also heard Mr. S. Ghosh, learned PP appearing for the respondent-State.

(2.) The convict-appellant has preferred the instant appeal against the judgment of conviction and order of sentence dtd. 4/5/2023 passed by the learned Special Judge (POCSO), West Tripura, Agartala, in connection with case No. Special (POCSO) 25 of 2019 whereby and whereunder the appellant was convicted under Ss. 376 AB/448/506 of the IPC and under Sec. 6 of the Protection of Children from Sexual Offences (for short 'POCSO') Act, 2012, and sentenced to suffer rigorous imprisonment for 20 (twenty) years and to pay a fine of Rs.20,000.00 for the offence punishable under Sec. 6 of the POCSO Act with default stipulation, and also to suffer rigorous imprisonment for 6 months and to pay a fine of Rs.500.00 for the offence punishable under Sec. 448 of the IPC with default stipulation, and further sentenced to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.1,000.00 for the offence punishable under Sec. 506 of the IPC with default stipulation with a further direction that all the sentences shall run concurrently.

(3.) The facts in brief, are that, one Swapna Debnath, mother of the victim (name not disclosed) lodged a complaint on 18/4/2019 to the Officer-in-Charge of West Agartala Women police station, stating inter alia that on 17/4/2019 she along with her husband went to bring some articles from the owner of the house where she used to work as maidservant. At that time, their 7 years old daughter i.e. the victim, was inside the room and they kept the front door of the said room under lock and key, but, the back door was kept open. During their such absence, the accused person entered into the room through the back door and asked her 7 years old daughter to put off her clothes and other wearing apparels which she initially tried to resist, but, thereafter, the accused threatened her and forced her to unrobe her wearing apparels. Thereafter, the accused first entered his fingers into the vagina and thereafter penetrated his penis into the vagina of the victim after taking off his lungi. When the informant and her husband came back to the house, the victim narrated the entire incident to them. Then, the parents of the victim informed the said incident to the wife of the accused, and other 2 persons, namely, Sri Prangopal Sarkar and Smt. Saraswati Sarkar. Prangopal Sarkar apprised them that he had seen the accused to enter into the room of the victim. Thereafter, they advised the parents of the victim to lodge a complaint with the police station.