BABUL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.P.C. is filed against the impugned judgment and order of conviction and sentence dtd. 25/1/2024, passed by the Ld. Special Judge (POCSO), Sepahijala Tripura, Bishalgarh in Case No. Special (POCSO) 13 of 2020, whereby the appellant has been convicted under Sec. 376AB of the Indian Penal Code (IPC) and thereby sentenced to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.2,00,000.00 only; in default of payment of the fine, he shall suffer R.I. for a further 2 years. He was also further convicted under Sec. 506 of IPC and thereby sentenced to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs.5,000.00 (Rupees five thousand only); in default of payment of the same, he shall suffer rigorous imprisonment for a term of 6 (six) months, and both sentences shall run concurrently.

(2.) The brief facts of this case are that Smt. Basanti Kal, mother of the alleged victim girl, lodged an FIR stating, inter alia, that on 17/9/2020, the appellant Babul Das took her daughter to his residence forcibly, brought her into his room, closed the door, opened the victim's panty, touched her private part by hand, and thereafter opened his own pant and cohabited with the alleged victim girl. On 19/9/2020, at 2:25 p.m., she lodged an FIR before the Bishalgarh Women Police Station, and the Officer-in-Charge of the station registered a case vide 2020 BLGW 025 dtd. 19/9/2020 under Ss. 376A/376B of IPC and Sec. 4 of the POCSO Act against the convict appellant. The case was endorsed to WSI Jhuma Das for investigation.

(3.) WSI Jhuma Das of Bishalgarh Women PS took up the investigation of the case as per the endorsement made by the O/C, PS, and after the conclusion of the investigation, a charge sheet was filed in this case against the convict appellant, namely Babul Das, under Ss. 376AB/506 of IPC read with Sec. 4 of the POCSO Act.