GAN URANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. R. Guha, learned counsel as well as Mr. A. Acharjee, learned Legal Aid Counsel appearing on behalf of the appellants. Also heard Mr. R. Saha, learned Addl. P.P. representing the State.

(2.) The present appeal is filed under Sec. 374 of Cr. P.C. against the impugned judgment of conviction and sentence dtd. 16/9/2023 passed by the Special Judge (POCSO), North Tripura, Dharmangar, in case No. Special (POCSO) 12 of 2019 whereby and whereunder the appellants have been convicted U/S 376D of IPC and under Sec. 6 of the POCSO Act. They have been sentenced to suffer R.I for a term of 20(twenty) years under Sec. 6 of the POCSO Act and also sentenced to pay fine of Rs.10,000.00 (Rupees ten thousand) each under the same Sec. and in default, to undergo further imprisonment for 6(six) months. Further, the appellants have been sentenced to suffer R.I for a term of 20 (twenty) years under Sec. 376D of the IPC and also sentenced to pay fine of Rs.10,000.00(Rupees ten thousand) each under Sec. 376D of the IPC and in default, to undergo further imprisonment for 6 (six) months. It has been observed by the learned Court below that both the sentences of imprisonment shall run concurrently.

(3.) The prosecution story in brief as enumerated before the Court below is that on 27/8/2017 at 1600 hours the victim girl went to fetch water from the nearby ring well at Sandibassa under Damcherra PS and while she was collecting water, she could feel that someone held her from behind and also covered her mouth. The victim turned back and saw the accused persons namely, Gan Urang @ Gana, Pintu Urang and one unknown person later identified as Basia Urang and before she could cry for help the accused persons gagged her mouth with her dupatta and forcefully took her inside the jungle and confined her in a jungle hut. Thereafter, accused Gan Urang @Gana committed sexual intercourse with the victim several times and during that time the two other accused were guarding the jum hut from outside. On that night, at about 2200 hours, the accused persons released the victim and threatened to kill her if she discloses the incident to anyone. The victim on the next date of the incident, lodged an ejahar with Damcherra P.S. and a specific case was registered and the investigation commenced. The I.O. on completion of investigation, submitted charge-sheet against the three accused persons under Ss. 342/376(D)/109/ 506 of IPC and under Sec. 4 of the POCSO Act before the Court of Special Judge (POCSO) North Tripura, Dharmanagar and cognizance of the offence was accordingly taken and during the proceeding prosecution papers were supplied to the accused persons.