STATE OF TRIPURA Vs. SUBHASH DEB

JUDGEMENT

(1.) THIS appeal is filed under Section 378 of Cr.P.C by the State against the judgment & order of acquittal passed by learned Additional Chief Judicial Magistrate, West Tripura, Agartala, dated 12.11.2004, in case No.GR.1035/2003, whereby the learned Additional Chief Judicial Magistrate acquitted the accusedrespondent from the charges framed against him under Sections 447 and 354 of I.P.C.

(2.) FACTS , in short, gathered from the record leading to the criminal trial, is that the victim girl "Puspa" (real name concealed), aged about 12 years was a student of Class -V of Chechuria School in Primary Section and the respondent was a teacher of that school and was the Class Teacher of Puspa. The allegation made against the respondent is that on 10.11.2003 at about 12.00 hours the accused respondent came to the house of Puspa and offered to give her some lessons. Puspa was called by her mother (PW.1) the informant, Kalyani Das and the accused respondent took her in the room of informant with a view to render tuition to Puspa. The informant mother (PW.1) was working in the nearby room and after a few minutes, the accused embraced Puspa to which she raised cry, her mother came and the accused then released Puspa and left the room. Mother of Puspa (PW.1) reported the incident to the brothers of the accused and they assured some redress but ultimately did nothing. She also informed the neighbors and the Panchayet and ultimately, at the advice of the Panchayet and neighbors, she lodged the FIR with the Officer -in -Charge of Sidhai P.S on 18.11.2003 which was written by Annada Sutradhar (PW.4). Police investigated the case and submitted charge sheet against the accused respondent for commission of offence punishable under Sections 447 and 354 of I.P.C.

(3.) IN course of trial, prosecution examined 5(five) witnesses. Out of the witnesses PW.2 is the minor victim girl; PW.1 is the informant and mother of the girl; PW.3 is a neighbor, who was reported by PW.1; PW.4 is the scribe of the FIR and PW.5 is the I.O of the case.