UTTAM NAMA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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T.AMARNATH GOUD,J. -
(1.)This is an appeal filed under Sec. 374 of Criminal Procedure Code, 1973 against the impugned judgment and order of conviction and sentence passed by the learned Special Judge (POCSO), West Tripura District, Agartala on 15/3/2021 in connection with the case bearing Special(POCSO)20 of 2019 whereby the present appellant was sentenced to suffer S.I. for 6 months. The present appellant is also convicted under Sec. 354B of IPC in alternative of Sec. 8 of the POCSO Act and to suffer R.I. for a term of 3(three) years and to pay a fine of Rs.15,000.00 with default stipulation. Both sentences shall run concurrently.
(2.)The fact of the prosecution case, in brief, is that, P.W.1, Smt. Dipali Nama being the informant and the mother of the victim (name withheld), has lodged a written ejahar with the O.C. Agartala, Women P.S., West Tripura. In the said ejahar, it is stated that on 12/2/2019 at about 20.05 hrs., her victim daughter was in the house alone and the informant went to her workplace in the morning. She alleged that at about 10.45 am, the appellant entered the house, and taking advantage of the loneliness of her daughter, the appellant touched the breast of her daughter and also tried to undress her by removing her panty. It is further stated that during the incident, the victim shouted and raised alarm. After running out of her house, the victim took shelter in the house of the neighbour, namely, Narayan Biswas when the victim narrated the incident to others. The informant prayed before the police to take appropriate steps in that regard.
(3.)After the receipt of the aforesaid complaint, Agartala Women P.S. registered a case bearing No.WAW004/2019 under Sec. 448/354(B) of IPC and Sec. 8 of POCSO Act, 2012 dtd. 12/2/2019 and endorsed the same to be investigated by the WSI, Emily Nandi, P.W.9, I.O. of the case.
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