JAYANTA TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 02.03.2016 passed by learned Special Judge, South Tripura, Belonia in Case No. Special 05(POCSO. of 2015 whereby and whereunder, the appellant has been convicted under Section 376(1. of Indian Penal Code as well as under Section 4 of Protection of Children from Sexual Offences Act, 2012(POCSO) to suffer Rigorous Imprisonment for a term of seven years and also to pay a fine of Rs.5,000/-with default stipulation.

(2.) Based on a complaint of rape, the Officer-in- charge of Belonia Police Station registered an FIR being No.2015/BLN/041 dated 15.03.2015 under Section 363 and 376 of Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012. Being endorsed, the investigating officer started the investigation, arrested the accused, recorded statements of the relevant witnesses under Section 161 of CrPC, brought the prosecution before the Magistrate to record her statement under Section 164(5. of CrP.C. prepared hand-sketch map and index in separate sheets of paper and also seized some material objects by preparing a separate seizure list.

(3.) The gravamen of the prosecution case is that on 14.03.2015 at about 1600 hours, the convict-appellant hereinafter referred to as the appellant, kidnapped the minor sister-in-law of the complainant from Paikhola Bhalluk Tilla, induced her, allured her and also kept her at Ratanpur, Sharat Chandra para in the house of one Mani Chandra Uchai and committed rape upon her several times against her will.