SAMRAT SATNAMI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appeal arises from the impugned judgment and order of conviction and sentence dtd. 9/6/2022, passed by learned Special Judge(POCSO), West Tripura, Agartala in connection with Case No. Special(POCSO) 42 of 2018 whereby the appellant was convicted under Sec. 376(2)(i) of Indian Penal Code (for short, 'IPC') or alternatively under Sec. 4 of the POCSO Act and was sentenced to suffer rigorous imprisonment for 10(ten) years and to pay fine of Rs.1,000.00 under Sec. 376(2)(i) of IPC after taking into consideration of Sec. 42 of POCSO Act.

(2.) The gravamen in the FIR lodged by the father of the victim (PW.1) is that on 21/9/2017 at about 11:30 am when his minor daughter aged about 15 years went to the southern side of the Meglipara Tea Garden office to catch fishes in a drain, the appellant forcibly took his daughter inside the tea plantation and raped her. At that time he was returning home and hearing outcry of her daughter, when he reached to the spot, the appellant fled away. The Ranirbazar Police Authority registered the FIR as 2017/RNB/040 under Ss. 341, 376(2)(i) of IPC and Sec. 4 of POCSO Act and proceeded with the investigation, which ultimately resulted in the submission of charge-sheet bearing No.24/2018, dtd. 12/9/2018, under Ss. 341/376(2)(i) of the IPC and Sec. 4 of POCSO Act. Charge was also framed under the abovesaid provisions of law to which the appellant pleaded his innocence.

(3.) Prosecution, thereafter, examined 17 witnesses, out of which PW.1 and PW.3 are the parents of the victim and PW.2 is the victim herself. The Medical Officer who examined the victim after the alleged incident adduced his evidence as PW.6 and the Scientific Officer was examined as PW.8. Two neighbours were also examined as PW.9 and PW.14. The concerned BDO of Jirania R.D. Block as PW.13 proved the birth certificate of the victim to establish that date of birth of the victim was 26/9/2004. There is no dispute about the age of the victim. If the evidence of PW.13 is taken into consideration, the age of the victim appears to be 12 years 11 months and 25 days at the time of alleged offence.