ANWAR HOSSAIN MAISHAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal by the convict [hereinafter referred to as the appellant] from the judgment and order of conviction and sentence dated 18.05.2016 delivered in Case No. Special(POCSO)01 of 2015. By the said judgment, the appellant has been convicted under Sections 366 and 506 of the IPC and under Section 4 of Protection of Child from Sexual Offences Act, 2012 [the POCSO Act, in short].

(2.) Pursuant to the said judgment of conviction, the appellant has been sentenced to suffer rigorous imprisonment for life and fine of Rs.10,000/- with default stipulation for committing offence punishable under Section 4 of the POCSO Act, the rigorous imprisonment for ten years and fine of Rs.5000/- with default stipulation for committing offence punishable under Section 366 of the IPC and rigorous imprisonment for two years for committing offence punishable under Section 506 of the IPC with direction that the sentences will run consecutively.

(3.) The genesis of the prosecution case is rooted in the complaint filed by one Selina Aktar on 24.02.2015 revealing that on 21.02.2015, she was called by the Sonamura English Medium School where her minor daughter [the name is withheld for protecting her identity] was studying in Class-VI, to bring to her notice that on 14.02.2015, the valentine day, someone had sent chocolate for her daughter. She was advised to be cautious. After persuading her daughter repeatedly, she came to know that the appellant who used to come to their house to park his bike and on several occasions, he had advanced unfair proposal. As her daughter did not give in, she was threatened. On 28.01.2015, when she was on her way to her school, the appellant kidnapped her daughter by a car [Indica] from a place near the Rainbow Club at Sonamura and after that, the appellant took her daughter, hereinafter referred to as the victim, to his relatives house under threat. Even, she had to participate in the marriage ceremony in presence of Kaji. The other two persons were also in the conspiracy. Her minor daughter had somehow released her from the appellant and managed to come back at home at 4.30 p.m., whereas the kidnapping took place at 10/10.30 a.m. The appellant threatened the victim showing the video clip that was taken when one woman removed her apparel and made her wear Saree etc. Out of fear, the victim did not inform the said occurrence to anyone. On the day of revelation i.e.24.02.2015, the complaint was filed.