RANJIT DEBROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appeal arises from the judgment of conviction and sentence dtd. 24/5/2023 passed by Ld. Special Judge (POCSO), North Tripura District, Dharmanagar in Special (POCSO) Case No. 46 of 2019.

(2.) By the impugned judgment and sentence, the appellant was convicted under Ss. 448 and 354 of Indian Penal Code (for short 'IPC') and also under Sec. 8 of Protection of Children from Sexual Offences Act (for short POCSO Act). Under Sec. 448 of IPC, he has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500.00 and for both Sec. 354 of IPC and Sec. 8 of POCSO Act, he was sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.500.00 each for both the offences and in default of payment of fine, he was further directed to suffer imprisonment for one month on each count of sentences. All the sentences were directed to run concurrently.

(3.) The prosecution came up with the case that on 14/09/2019 victim (aged about 15 years) was sleeping alone in her house and at that time, the appellant entered there, forcefully laid on her and sexually abused her. Hearing her outcry, one neighbouring lady namely, Smt. Kuiabati Reang [PW-6] and others came there and the appellant also attacked and threatened them.