SHRI POPY DEBNATH @ PAPPA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present criminal appeal has been filed against the impugned Judgment of Conviction and Sentence dtd. 29/8/2023, passed by the learned Special Judge (POCSO), Unakoti District, Kailasahar, in case No. Special (POCSO) 12 of 2021, whereby the learned Special Judge (POCSO), Unakoti District, Kailasahar, convicted the appellant for committing offence punishable under Ss. 376(1) and 342 of IPC or alternatively under Sec. 6 of the POCSO, 2012, and sentenced him to suffer Rigorous Imprisonment for a term of 20 (twenty) years and to pay fine of Rs.10,000.00 (Rupees Ten thousand) only for committing offence, punishable under Sec. 6 of the POCSO, 2012. Further sentenced him to suffer Simple Imprisonment for a term of 1 (one) year, and to pay a fine of Rs.500.00 (Rupees five hundred) only for committing offence, punishable under Sec. 342 of the IPC.

(2.) The prosecution case in brief is that the informant of the case i.e. P.W.-1 lodged a written complaint before the Officer-in-Charge of Fatikroy police station on 24/4/2021 alleging inter alia that his minor daughter was missing from 08:00 p.m., of 21/4/2021. He also alleged that at that time, his wife was cooking food and his daughter was reading in the room and when his wife came to the room, she found that his daughter was missing. He alleged that thereafter they started searching for his daughter and came to know from neighbour that his daughter was kidnapped by the appellant against her will.

(3.) On receipt of this written complaint, police registered a case vide Fatikroy PS case No. 18 of 2021 under Sec. 366-A of the Indian Penal Code, and subsequently Sec. 376(3)/109/212/242 of IPC and Sec. 6 of POCSO Act was added. After registration of the case, police started investigation and recovered the victim, and also arrested the appellant. Thereafter, police filed charge sheet against the appellant for allegedly committing offences punishable under Ss. 366-A/376(3)/342 of the Indian Penal Code and Sec. 6 of the POCSO Act, and also filed charge sheet against his father of the appellant, Sri Patan Debnath for committing offences punishable under Ss. 366-A/109/120-B/212 of the Indian Penal Code vide Fatikroy PS charge sheet No. 21 of 2021 dtd. 30/6/2021.