STATE OF TRIPURA Vs. BINOY DEBBARMA

JUDGEMENT

(1.) This present appeal has been filed under Sec. (1)(b) of the Code of Criminal Procedure, 1973, against the impugned Judgment and Order of acquittal dtd. 13/1/2022, passed by learned Special Judge, POCSO, Sepahijala District, Sonamura, in case No. Special(POCSO)04 of 2019, whereby, the learned Trial Court has acquitted the accused person herein from the premises of charges under Sec. (B)(I) of IPC and Sec. 4 of the POCSO Act.

(2.) The brief fact of the case is that one Sahadeb Debbarma, S/o Lt. Paresh Debbarma of Chanpur, Manaipathar, P.S.-Jatrapur, on 15/8/2019 lodged a complaint to the Officer in charge of Jatrapur P.S. reduced into writing by Officer in charge of Jatrapur P.S. alleging inter alia that since last one year his neighbour, namely, one Sri Binoy Debbarma, S/o-Bikram Debbarma developed love affairs with his 15 years old daughter and made sexual intercourse with her. On 14/8/2019 at about 17.00 hours said Binoy Debbarma was caught red-handed while he was engaged in sexual intercourse with his daughter in a room of his house by his wife.

(3.) After receipt of the compliant O/C Jatrapur P.S. registered Jatrapur P.S. case No. 2019 JTT P0 37 dtd. 15/8/2019 under Sec. 376(2)(i) of IPC and Sec. 4 of POCSO Act, against Binoy Debbarma and also endorsed the case to S.I. Rathindra Debbarma for its investigation.