LAWS(TRIP)-2024-9-12

KURONA CHAKRABORTY Vs. SOURAV CHAKRABORTY

Decided On September 10, 2024
Kurona Chakraborty Appellant
V/S
Sourav Chakraborty Respondents

JUDGEMENT

(1.) Heard Mr. D. J. Saha, learned counsel appearing for the appellant also heard Mr. Raju Datta, learned Public Prosecutor appearing for the respondent-State.

(2.) The present appeal is directed against the judgment and order of conviction and sentence dtd. 17/10/2023 passed by the learned Special Judge (POCSO), Additional District and Sessions Judge, Court No.3, Agartala, West Tripura in connection with case No. Special (POCSO) 12 of 2022, whereby and whereunder the appellant convicted and sentenced to suffer rigorous imprisonment for 20 years along with fine of Rs.20,000.00 under Sec. -4 (2) of the POCSO Act and in default of payment of fine to suffer simple imprisonment for a further period of four months.

(3.) The factual background of the prosecution case is that the informant-mother lodged a written complaint on 4/12/2021 before the West Agartala Women P.S. numbered as WAW 85 of 2021 stating interalia that she used to live in her mother's house along with her minor victim daughter. Informant is a worker in the Pantaloons a private establishment and her mother also used to work as a cook in several houses and in relation to their works, most of the times they both had remain out of their dwelling house. According to the informant, her only daughter name withheld. aged about 15 years, was student of Class-IX at Tulshibati Girl's School. The convict-appellant being a tenant of the mother of informant in that house, in absence of informant and her mother on the false assurance of marriage, tried in establish physical relationship with the victim.