KISHORE DEBBARMA 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 16.09.2017 delivered in Special (POCSO) 27 of 2015 by the Special Judge, Unakoti Judicial District, Kamalpur. The appellant has been convicted by the said judgment under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act). Pursuant to the said judgment of conviction, the appellant has been sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.20,000/- (twenty thousand) with default stipulation.

(2.) The prosecution was launched against the appellant in terms of the complaint dated 05.04.2014, made to the Officer-in- Charge, Manu police station, Longthorai Valley, Dhalai disclosing that her daughter (name withheld for protecting her identity) used to take private tuition from the appellant. About 7-8 months back from day of filing the complaint when her daughter went to take tuition, the appellant closed the door from inside became undressed, asked the victim to touch his penis and to get undressed. It has been further alleged that he had to sit close to the victim so that she could hold penis. By the abrupt turn of events, the victim felt scared and started weeping. Thereafter on 02.04.2018 on Wednesday, the victim again went to his room for tuition at about 5 p.m. when the appellant repeated the similar act. As a result, the victim broke out tears and left the place. For outraging modesty of her daughter, the complaint was filed by the complainant namely Rama Debbarma. After the incident of 02.04.2018, when the complainant persuaded the victim to go to take tuition she declined to go for taking tuition. Then, the complainant in order to send her to take tuition had beaten up her [the victim]. At that time, the victim divulged what she had faced. The victim had also stated to the complainant that she was warned by the appellant that if she had disclosed the said incident to anyone, then she would definitely be unsuccessful in the examination. On the basis of the said complaint, Manu P.S. Case No.05/2014 under Section 354(A) and 506 of the IPC read with Section 10/12 of the POCSO Act was registered and taken up for investigation.

(3.) On completion of the investigation, the police filed the final report chargeshetting the appellant. On taking cognizance the Special Court, Unakoti Judicial District, Kamalpur framed the charge under Section 354(B) of the IPC and Section 8 of the POCSO Act. The appellant pleaded innocence and submitted that the victim had lied and such lie is manifest on the face of the records. In order to substantiate the charge, the prosecution had adduced as many as 12 witnesses including the victim [PW-2]. In addition to oral evidence, the prosecution admitted six documentary evidence including the birth certificate of the victim [Exbt.6].