Decided on June 29,2019

Suresh Debbarma Appellant

Referred Judgements :-



S.TALAPATRA,J. - (1.)Heard Mr. D.J. Saha, learned counsel appearing for the appellant as well as Mr. S. Ghosh, learned special PP appearing for the state.
(2.)The appellant was charged under Sections 354(B) and 341 of the IPC separately and under Section 8 of the Protection of Children from Sexual Offences Act, 2012, the POCSO Act, in short as well. After regular trial, the appellant has been convicted under Section 8 of the POCSO Act and Section 341 of the IPC. Pursuant to that conviction, the appellant has been sentenced to suffer three years rigorous imprisonment and to pay fine of Rs.5000/- with default stipulation for committing offence punishable under Section 8 of the POCSO Act and further, he has been sentenced to suffer simple imprisonment for one month for committing offence punishable under Section 341 of the IPC. To be noted that the appellant was convicted and sentenced by the judgment and order dated 18.12.2017 delivered in Special (POCSO)01 of 2015 by the Special Judge, Unakoti Judicial District, Kamalpur.
Being aggrieved thereof, the convict has preferred this appeal under Section 374(2) of the Cr.P.C.

(3.)The prosecution against the appellant was launched on the basis of the written complaint filed by one Manoranjan Debbarma [PW- 1], the grandfather of the victim [whose name has been withheld for protecting her identity] revealing that while the victim was returning from school with her three friends namely Rumita Debbarma, Rajkanya Debbarma and Priyabala Debbarma, they were intercepted by the appellant and two other accused persons namely Prabir Debbarma and Surajit Debbarma. The accused persons abused her friends and drove them away and thereafter, forcibly, took the victim inside the nearby jungle "to rape her." In the meantime, one person who was working in the nearby field, on seeing the incident had informed the same to the informant. He had immediately reached to the place of occurrence and the accused-persons fled away leaving her granddaughter there. He had approached the local club. One Jatindra Debbarma advised him to approach the Secretary of the club but failed to bring about any settlement. As a result, he filed the complaint in writing on 29.07.2014 at about 13.30 hrs. to the Officer-in-Charge of Salema Police Station, Kamalpur, Dhalai, Tripura. As stated, based on the said complaint, Salema P.S. Case No.22/14 under Section 341 read with Section 34 of the IPC and Section 354(B)/120(B) of the IPC was registered and taken up for investigation. On completion of the investigation, the police filed the final report under Section 173(2) of the Cr.P.C. sending up the appellant for facing the trial under Section 341/354B of the IPC and under Section 8 of the POCSO Act. The special judge framed the charge for committing offence of wrongful restraint punishable under Section 341 of the IPC, of outraging the modesty of the victim under Section 354B of the IPC, and for committing sexual assault punishable under Section 8 of the POCSO Act. The appellant pleaded innocence and denied the charge claiming to face the trial.

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