KALA MIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 06.07.2018 passed by Ld. Special Judge, Gomati Judicial District, Udaipur in case No. Special 16 (POCSO) of 2017 whereby and whereunder, the appellant has been convicted under Section-6 of Protection of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act) and thereby sentenced to suffer RI for 3(three) years and to pay a fine of Rs. 5,000/- with default stipulation.

(2.) Heard Ms. S. Chakraborty, learned counsel appearing for the appellant. Also heard Mr. S. Ghosh, learned Addl. P.P. appearing for the State-respondent. I have also heard the prosecutrix as well as Smt. Jarina Bibi, the mother of the victim girl who was also the complainant under which, the accused-appellant was implicated with the case.

(3.) The background of the case is that the appellant had committed an offence under Section-8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act). After investigation, charge-sheet was submitted. The learned Court took cognizance of the offence and framed charges against the accused-appellant. Evidence of the prosecution witnesses was recorded. Thereafter, on consideration of the evidence and the materials on record, the learned Special Judge convicted the accused under Section-8 of the POCSO Act and sentenced him to suffer RI for 3 (three) years along with fine.