SANJIT DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The appeal arises from the judgment and sentence dtd. 10/2/2020 passed by the Special Judge (POCSO), Sepahijala, Bishalgarh in case no. Special (POCSO) 09 of 2016 whereby the appellant was convicted and sentenced under Ss. 342,354, IPC and also under Sec. 10 of POCSO Act and was sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.5,000.00 and in default of payment of fine to suffer further imprisonment for 3[three] months both under Sec. 10 of POCSO Act and under Sec. 354, IPC and was also sentenced to suffer imprisonment for 1[one] year and to pay a fine of Rs.500.00 under Sec. 342 of the IPC and in default of payment of fine to suffer further imprisonment for 15 days. All the sentences were directed to run concurrently.

(2.) The investigation was carried out on the basis of an FIR submitted by the mother of the victim on 10/9/2013 at Bishalgarh PS that on the previous day at about 1 pm in absence of herself and her husband, the accused called the victim [age- 9 years] and her brother [age-10 years] in his house and asked the brother to bring biscuits for him from the shop by paying him Rs.20.00 and engaged the victim to wash his platters. Thereafter, he took the victim on his lap and committed unwanted behaviours with her. The victim somehow got her freed, fled to her house and informed the matter to her mother at about 3 pm on her return.

(3.) The charges were framed by the Special Judge under 3[three] counts viz. under Sec. 342 of the IPC, under Sec. 354 of the IPC and under Sec. 10 of the POCSO Act for committed offence under Sec. 9(m) of the POCSO Act. On denial the charge, the prosecution examined total 8[eight] witnesses. Out of them, PW-4 [the victim], PW-5 [mother of the victim] and PW-7 [brother of the victim] are the key witnesses.