- (1.)This present criminal appeal has been filed under Sec. 447 and 354 of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dtd. 15/2/2021 passed by the learned Special Judge (POCSO Act), Agartala, West Tripura in Case No. Special(POCSO) 01 of 2018, whereby the learned Special Judge (POCSO), Agartala, West Tripura has convicted the appellant for committing offence, punishable under Sec. 447 and 354 of IPC and Sec. 08 of the Protection of Children from Sexual Offences Act, 2012, and sentenced him to suffer 3 months S.I. for committing offence punishable under Sec. 447 of I.P.C and also sentenced him to suffer 3 years Rigorous Imprisonment and also to pay a fine of Rs.15,000.00 for committing offence punishable under Sec. 354 of IPC, with default stipulation. The appellant herein is also sentenced to suffer Rigorous imprisonment for 3 years and to pay a fine of Rs.15,000.00 for committing offence punishable under Sec. 8 of POCSO Act with default stipulation.
(2.)The facts of the case in brief leading to this present criminal appeal is that on 12/12/2017, in the afternoon at about 3.00 P.M., taking advantage of the absence of others, the accused-appellant herein trespassed into the house of the informant at Pratapgrah and touched the body of the victim and outraged her modesty. It is also alleged that the accused-appellant herein prohibited the victim from stating anybody about the incident, but on 16/12/2017, after knowing about the same from the victim-daughter, the informant lodged the complaint before the police.
(3.)Based on the written complaint of the informant (father of the victim) a case was registered at East Agartala Women P.S. vide No.2017/WEA/091 dtd. 16/12/2017 under Sec. 448/354A(2)(3) of the IPC read with Sec. 8 of the POCSO Act, against the accused-Nakul Paul. In course of the investigation, the I.O. visited the place of occurrence and recorded the statement of the material witnesses under Sec. 161 of Cr.P.C. The victim girl was forwarded before the Magistrate for the recording of her statement under Sec. 164(4) of Cr.P.C. At the conclusion of the investigation, the Police submitted the charge sheet having found prima-facie materials against the accused under Ss. -448/354(2)(3) of the IPC read with Sec. 8 of the POCSO Act.
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