MD. JAFFUR UDDIN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Nandi, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. Public Prosecutor appearing for the State-respondent.

(2.) This is an appeal under Sec. 374(2) of the Cr.P.C. from the judgment and order of conviction and sentence dtd. 21/2/2017 delivered in Special POCSO 0000033 of 2015 by the Special Judge, North Tripura, Dharmanagar.

(3.) The prosecution against the appellant was launched on the basis of the written complaint filed by one Md. Amir Hussain, PW-4 whereby it was disclosed that on 16/9/2015 at about 11 O'clock when his younger sister [the name withheld for protecting the identity of the victim] aged about 12 years had taken her journey towards her maternal aunt, the appellant allured her on assurance of showing monkeys in the jungle and when the victim and the appellant entered into the jungle, the appellant disrobed her and touched the various parts of her body when, as it has been alleged in the complaint, the appellant attempted to commit rape, the victim raised alarm and the appellant fled away from that place. The victim came back to home and narrated the incident to the informant, PW-4 and her mother, PW-6. Initially, the informant sought intervention of the village elders, but when they did not take any effective steps, he filed the complaint, Exbt. 3 on 17/9/2015.