SAJAL BHUMIJ Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. Majumder, learned counsel appearing for the appellant also heard Mr. R. Saha, learned Addl. P.P. appearing for the respondent-State.

(2.) This is an appeal filed under Sec. -374(2) of Cr. P.C. against the judgment dtd. 30/11/2021, passed by the learned Special Judge (POCSO), North Tripura District, in connection with case No. Special (POCSO) 50 of 2019 sentencing the accused appellant to suffer rigorous imprisonment for life for the commission of offence punishable under Sec. -376(1) of the Indian Penal Code and also to pay a fine of Rs.10,000.00 for the said offence and in default, to undergo further rigorous imprisonment for a period of one year.

(3.) The factual backdrop of the case is that the victim (real name is withheld) lodged an oral "Ejhar" with the Officer-in-Charge, Kadamtala P.S. which was reduced in writing by Sub-Inspector Rita Debnath of Kadamtala P.S. to the effect that on 9/9/2019 at about 09.30 A.M. her mother went to the house of a Panchayet Member of their village to pursue the matter of monthly allowance under a scheme of the Government, keeping the victim alone in their house. Taking advantage of the absence of her mother, her step father Sajal Bhumij suddenly caught hold of the victim and forcibly removed her wearing apparels and the accused also made himself naked removing his wearing apparels and thereafter he forcibly committed rape upon the victim. It is also alleged that while the victim raised alarm, accused appellant increased the volume of the sound system of their house so that none could hear her cry. Thereafter the accused threatened the victim not to divulge anything about the incident to anybody and left the house. Subsequently, while her mother returned home after 1 1/2 hours, she narrated the entire incident to her mother.