BIMAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B. Majumder, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the State.

(2.) The appellant was charged under Section 376(2)(i) of the IPC and separately under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, POCSO Act) and convicted for committing the offence punishable under those Section by the judgment and order of conviction and sentence dated 01.07.2015 delivered in Case No.Special 08(POCSO)of 2014. Being aggrieved, the appellant has filed this appeal under Section 374(2) of the Cr.P.C. and raised objection that there is no evidence as to penetration to any extent either to the vagina, mouth, urethra or anus. The forensic evidence as laid by the investigating agency in respect of "rape" or aggravated penetrative sexual assault does not support the prosecution story.

(3.) Mr. B. Majumder, learned counsel appearing for the appellant has therefore urged this court to acquit the appellant from the charge of rape and aggravated penetrative sexual assault.