MANORANJAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Acharjee, learned counsel appearing on behalf of the appellant. Also heard Mr. Raju Datta, learned 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. 6/12/2022 and 8/12/2022 passed by the learned Special Judge, South Tripura, Belonia, in case No. Special 06 (POCSO) of 2021 whereby and whereunder the appellant has been convicted U/S 376-AB of IPC and Sec. 6 of POCSO Act and sentenced him to suffer R.I for 20 years and to pay a fine of Rs.10,000.00, i.d. to suffer R.I for 2 months for the offence U/S 6 of POCSO Act and further R.I. for 5 years and to pay a fine of Rs.2,000.00 for the offence U/S 10 of POCSO Act, i.d to suffer R.I. for 1 month. It has been ordered by the learned Court below that both the sentences of imprisonment shall run concurrently.

(3.) The prosecution story in brief is that on 12/3/2021 at about 1200 hours accused Manoranjan Das called the minor daughter of the informant and taken her in his house and at that time no family members of the accused were present in his house. Thereafter, the accused forcefully took off the pant of the victim girl of the informant and attached his penis into the private part of the victim girl and also did fingering into the vagina of the victim girl. The accused also pressed the breast of the victim girl. The victim daughter of the informant shouted saying that her mother is coming, then the accused released the victim girl. After that the victim narrated the fact to the informant and while the husband of the informant returned home in the evening, the informant narrated the same to her husband. Thereafter, the husband of the informant reported the matter to the local panchayat and villagers and they advised to take the recourse of law and then the informant lodged the case with the O/C, P. R. Bari P.S. and thereafter, P R. Bari P.S. Case No. 2021/PRB/012 under Sec 376AB of IPC and Sec. 6 of POCSO Act was registered against the accused person and the case was endorsed to an SI of police. The case was investigated and on completion of investigation I/O filed charge sheet against accused Sri Manoranjan Das for commission of offence punishable under Sec.376AB of IPC and Sec. 6/10 of POCSO Act.