Sajan Suklabaidya vs State of Tripura

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Tri) 142

ARINDAM LODH
Sajan Suklabaidya – Appellant
Versus
State of Tripura – Respondent

Advocates appeared:
Ms. M. Roy, Advocate, for the Appellant; Mr. S. Ghosh, Addl. PP, for the Respondent.

JUDGMENT

Heard Ms. M. Roy, learned Counsel for the appellant as well as Mr. S.

Ghosh, learned Additional PP appearing for the State-respondent.

2. This is an appeal under Section 374 Cr.P.C. against the judgment and order of conviction and sentence dated 12.06.2019 in connection with case No. Special (POCSO) 08 of 2018 whereby and whereunder the learned Special Judge (POCSO), Dharmanagar, North Tripura had convicted the appellant for the offence punishable under Sections 354 (A)(1)(i) of the IPC and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and, sentenced him to suffer R.I. for one year and to pay a fine of Rs. 5,000/- with default stipulation for commission of offence under section 354 (A)(1)(i) of the IPC and further sentenced him to suffer R.I. for three years and to pay a fine of Rs. 5,000/- with default stipulation for commission of offence under Section 8 of the POCSO Act.3. The facts, in brief, are that, the father of the victim girl lodged a complaint with the Officer-in-Charge of Dharmanagar PS stating inter alia that on the fateful day his victim daughter went to the house of her friend, namely, 'Sumi' and when they entere