SRI NAKUL SHARMA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. H. Debnath, learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned P.P. for the state.

(2.) By means of this appeal filed under Section 374(2) of the Cr.P.C., the judgment of conviction and order of sentence dated 30.04.2016 passed by the Special Judge, North Tripura, Dharmanagar in Special (POCSO) 04 of 2015, convicting the appellant under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for 5(five) years and to pay a fine of Rs.10,000/- (ten thousand), in default, to suffer further rigorous imprisonment for 6(six) months, has been challenged.

(3.) Based on the written ejahar filed by one Sri Sukumar Malakar (PW-2) disclosing that when the victim [her name is withheld for protecting the identity] visited the house of the appellant on 29.01.2015 at about 10 O'clock in the morning, the appellant called her inside, laid her back on his bed and tried to disrobe her with ill motive by using force. At that time, one Nirmal Mallik called the appellant from outside the door as the door was bolted from inside. When the appellant opened the door, somehow the victim managed to escape from that room.