KUDDOS MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is preferred under Sec. 374 of Cr.P.C. challenging the judgment and order of conviction and sentence dtd. 23/2/2023 passed by Learned Special Judge (POCSO), Sepahijala Tripura, Sonamura, in connection with case No.Special (POCSO) 03 of 2019. By the said judgment, Learned Trial Court has convicted the appellant to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs.5,000.00(Rupees five thousand only) and in default to suffer further simple imprisonment for 3 (three) months for commission of the offence punishable under Sec. 8 of POCSO Act, 2012.

(2.) Heard Learned Counsel, Mr. Rajib Saha for the appellant and also heard Learned Additional P.P., Mr. S. Ghosh representing the prosecution. Before coming to the conclusion of this appeal, let us revisit the subject matter of the prosecution case before the Learned Trial Court. The prosecution case in short was that on 24/5/2018, one Rojina Akter, wife of Mannan Miah of UNC Nagar, laid one written complaint to the O/C Sonamura P.S. alleging inter-alia that on 23/5/2018 at about 1600 hours, the FIR named accused namely Kuddos Miah took her minor daughter to his house by inducing her to give biscuits. On arrival to his residence, he disrobed the inner wear of the minor daughter of the informant and touched her private part. Thereafter, he tried to commit rape upon the minor daughter of the informant when the minor daughter of the complainant started hue and cry then the accused Kuddos Miah pressed her mouth and started assaulting her. On seeing the incident, the wife of accused started hue and cry and after that the accused left the minor daughter of the informant and started beating his wife. While the wife of the accused and minor daughter of Rojina Akter raised alarm, that time the local people came there and saved the minor daughter of the informant. Hence, the informant laid the FIR. O/C, Sonamura P.S. accordingly registered Sonamura P.S. Case No.59 of 2018 under Sec. 376(2)(i) of IPC and Sec. 6 of POCSO Act and the case was endorsed to S.I. Bikash Debbarma for investigation. The I.O. after completion of investigation laid charge-sheet against the accusedappellant under Sec. 376(AB) of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 vide C/S No.24/2019 dtd. 10/5/2019. Before the Learned Trial Court, charge of Sec. 376(2)(i) IPC read with Sec. 4 of POCSO Act was framed against the appellant to which he pleaded not to be guilty and claimed to be tried.

(3.) To substantiate the charge, prosecution in this case has adduced in total 11 Nos. of witnesses and the prosecution also tendered and relied upon some documents which were marked as Exhibits: