SURAJ MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present accused-appellant stands convicted under Section 4 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the POCSO Act). Consequently, he stands sentenced to undergo rigorous imprisonment for a period of 7(seven) years and also pay fine of Rs.20,000/- (rupees twenty thousand) and in default thereof, simple imprisonment for a period of 6(six) months.

(2.) Brief facts of the case being that on 20.04.2017, at about 8.30 am, minor daughter of the informant, aged about 12 years and two other minor children were returning home from a secluded place i.e. at the burial ground. Accused, Suroj Miah illegally detained the prosecutrix and forcibly took her to a nearby tilla land (small hillock) whereby after pressing her mouth with his hand committed an act of rape. She was threatened not to disclose the incident to anyone. However, seeing her condition, when queried, she disclosed the incident to her mother, who in turn disclosed the same to her husband, i.e. the informant. After consulting local headmen, a report was lodged with the police.

(3.) On receipt of such complaint, Srikanta Chakraborty, (PW-10), Sub-Inspector, Sonamura, registered P.S. Case No. 23 of 2017 dated 20.04.2017 under Section 376 (2)(i) of IPC and Section 4 of POCSO Act, against the accused and entrusted the investigation to SI Drabajoy Reang (PW-11). Police arrested the accused who along with the prosecutrix was medically examined. Prima facie finding the accused to have committed the crime, prosecution presented the charge-sheet in court for trial.