RAJIB DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present appeal has been filed under Sec. 374 of Cr.P.C. against the Judgment dtd. 29/6/2024 passed by the learned Special Judge, (POCSO), Bishalgarh, Sepahijala, in Case No. Special (POCSO) 08 of 2016, convicting the appellants under Ss. 455, 506, and 34 of IPC and also under Sec. 8 of the POCSO Act, while acquitting the appellants from the charge under Sec. 323 of IPC. The appellants were sentenced to suffer rigorous imprisonment (RI) for 5 years and to pay a fine of Rs.10,000.00, in default of payment to suffer further RI for 1 year for the offence punishable under Sec. 455 of IPC read with Sec. 34 of IPC. They were further sentenced to suffer RI for 5 years and to pay a fine of Rs.10,000.00, in default to suffer further RI for one year for the offence punishable under Sec. 8 of the POCSO Act, 2012, and also sentenced to suffer RI for 2 years and to pay a fine of Rs.5,000.00, in default to suffer further RI for 6 months for the offence punishable under Sec. 506 of IPC read with Sec. 34 of IPC.

(2.) One Sri Uttam Debnath lodged a written complaint with the Officer-in-Charge of Bishramganj Police Station on 3/8/2016 at about 22:19 hours, stating that on 29/7/2016, in the afternoon at about 4:30 PM, his minor daughter who was a student of Class 7 of Charilam Higher Secondary School, returned home after school. While she was having lunch alone in the house, two persons, namely Dipan Deb and Rajib Deb, who were hiding under the cot, suddenly came out, pressed her mouth, and assaulted her. They also tried to pull her dress. During the assault, their faces were covered with black cloth, but in the course of the scuffle, the cloth accidentally got removed, allowing her to recognize the accused persons, who then fled from the scene. While fleeing, they threatened her, saying that if she disclosed the incident to anyone, they would kill her family members.

(3.) Being aggrieved by the said Judgment, the appellants herein preferred this appeal and prayed before this Court to set aside the impugned judgment and allow this appeal.