CONVICT Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal filed by the accused-appellant who has been convicted and sentenced to suffer imprisonment for a period of five years vide judgment and order dtd. 29/8/2016 passed by the learned Special Judge, Gomati Judicial District, Udaipur in connection with Case No. Special 9 (POCSO) of 2015.

(2.) The father of the victim, a six and half years old girl lodged a complaint to the Officer-in-Charge, Birganj Police Station stating inter alia that on 10/6/2014 A.D at around 11.00 o' clock in morning his daughter came back to the house from her school and at around 11.30 in morning the accused namely Dipankar Sarkar had taken his daughter from the dwelling hut saying that his mother was calling her daughter. As the accused was a neighbor, his wife that is the mother of the victim allowed their daughter to accompany the accused, but, she was taken to a jungle and on search, it was found that the girl was crying. The daughter i.e., the victim girl disclosed that the accused had committed some ill act upon her. On the basis of the said compliant, the Officer-in-Charge, Birganj Police Station had registered a case bearing No. Birganj P.S Case No. 29/14 under Sec. 376(2) (i) of IPC and also under Sec. 6 of the Protection of Children from Sexual Offences Act. Investigation was proceeded and after prima facie satisfaction, the investigating officer submitted charge-sheet under Sec. 376(2)(i)/506 IPC read with Sec. 6 of the Protection of Children from Sexual Offence Act.

(3.) The learned Special Judge, Gomati District, Udaipur registered the case being Special 9(POCSO) of 2015.