STATE OF TRIPURA Vs. MD. AMAR MIAH

JUDGEMENT

(1.) Heard Mr. S. Ghosh, learned Spl. P.P. appearing for the State and Mr. I. Chakraborty, learned counsel appearing for the accused-respondent.

(2.) The accused respondent was charged under Ss. 448/376(2)(i)(n)/506 of the IPC read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 hereinafter referred to as the POCSO Act. After trial the respondent was acquitted from the charge by the judgment and order dtd. 9/5/2016 delivered in Special 28(5) POCSO Act, 2015.

(3.) The prosecution against the respondent commenced on the basis of a written complaint filed by PW1, the victim (the name is withheld for protecting her identity) where she has stated that the appellant having taken advantage of proximity to some of the family members familiarized with her and on a day one year back, from when her deposition was recorded, in the noon at about 2:00 o'clock, he entered in her room and by applying force undressed her and thereafter committed intercourse without her consent and despite her resistance. At that, other family members were absent at home.