ASOK DAS @ ASHOKE Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Asok Das @ Ashoke
STATE OF TRIPURA
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ARINDAM LODH,J. -
(1.)Heard Mr. R.G. Chakraborty, learned counsel appearing for the appellant as well as Mr. A. Roy Barman, learned Addl. P.P. appearing for the State-respondent.
(2.)This appeal is directed against the judgment and order of conviction and sentence dated 02.04.2018 in connection with Case No. POCSO 08 of 2018, whereby and whereunder, the appellant was sentenced to suffer SI for one month and fine of Rs.500/- in default to suffer another SI for 7 days for offence under Section 341 of IPC and SI for one year and fine of Rs.1000/- in default to suffer SI for 1 month for the offence under Section 342 of the IPC and RI for 5 years and fine of Rs.3000/- in default to suffer RI for 3 months for the offence under Section 7 of Protection of Children from Sexual Offences Act, which is punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012.
(3.)The Prosecution Story in Brief:-
One Bichandra Reang, father of P.W.6, victim girl (name suppressed. lodged a written complaint to the officer-in- charge, of the Kanchanpur Police Station alleging that on 29.04.2017, at about 6.00 to 6.30 pm, his daughter aged about 13(thirteen. years went to visit "Charak Mela" held in the ground of Satnala Class XII School and on her way to return to her house, after visiting the "Charak Mela" when the victim girl had reached the back side of the said school, the accused-appellant, Sri Asok Das of the same village intercepted her minor daughter and forcibly dragged her by the side of the road and undressed her and started pressing various parts of her body and thus outraged her modesty. At that moment, when her daughter shouted, then one Sri Gamonjoy Reang (P.W-8., a boy of the same village, came forward and on his arrival, the accused-appellant fled away. After returning, his victim-daughter narrated the entire episode to him and his wife. They tried for village adjudication and for that reason, they could not lodge the complaint just after the incident.
After receipt of the compliant, the Officer-in-charge of the Kanchanpur Police Station registered a case Under Sections 341/354B of the Indian Penal Code and under Section 8 of POCSO Act. Being endorsed, the investigating officer took up the investigation, recorded the statements of the material witnesses under Section 161 of CrPC, arranged for medical examination of the victim girl, and also the investigating officer had ensured the recording of the statements of the victim girl and Sri Gamonjoy Reang, P.W.7 and P.W.8 respectively under Section 164 (5. of the CrPC and accordingly, the learned Judicial Magistrate First Class had recorded the Statement of the victim girl as well as Sri Gamanjoy Reang under Section 164(5. of CrPC. The investigating officer also seized the school certificate of the prosecutirx (Exbt 6. indicating her date of birth as on 02.01.2005.
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