The court upheld the conviction of the appellant under the POCSO Act, affirming that credible victim testimonies are sufficient to establish guilt in sexual offense cases, as per established legal standards.

JUDGMENT

1. This appeal arises from the Judgment and order of conviction and sentence dated 30.11.2019 passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar in case No. Special (POCSO) 11 of 2019 convicting the appellant for commission of offence punishable under Section 354(A)(1)(i) of the INDIAN PENAL CODE and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for 3(three) years for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and to pay a fine of Rs.10,000/- in default to suffer further rigorous imprisonment for 3(three) months

2. Heard Mr. H Debnath, learned senior counsel, assisted by Mr. P. Roy, learned counsel appearing on behalf of the appellant. Also heard Mr. S. Ghosh, learned Addl. P.P. appearing on behalf of the State-respondent.

3. The facts of the case as projected in the complaint are that a girl of the age of 4 12 years old was sexually harassed by her grandfather. According to the complainant who happens to be the mother of the victim child that on 22.10.2018, at about 11.30 am she went to the house of their neighbour, Rabindra Pal and after-a-while she came from there and she informed her mother that she was feeling burning sensations on her private part. On being asked, the victim girl (PW-2) narrated the entire incident how she was sexually harassed by the convict-appellant. PW-1, the complainant had lodged the complaint which was treated to be in the FIR. Investigation was carried on. Thereafter, charge sheet had been submitted against the accused-appellant.

4. At the commencement of trial, charges were framed against the accused-appellant under section 4 of the Protection of Children from Sexual Offences Act (in short POCSO) and alternatively under Section 376 of the INDIAN PENAL CODE . During trial, to substantiate the charges, the prosecution examined as many as 10 witnesses and introduced some documents. On conclusion of recording evidence the accused appellant was examined under Section 313 Cr.P.C where he declined all the allegations and re-iterated his innocence.

5. Having heard the learned counsel appearing for the parties, the learned Special judge convicted and sentenced the accused-appellant as afore-stated.

6. Being aggrieved by and dissatisfied with the conviction and sentence, the accused appellant has preferred the instant appeal before this court.

7. Mr. Debnath, learned Sr. counsel appearing for the appellant submits that the prosecution has failed to prove the charge framed against the appellant beyond reasonable doubt. According to learned senior counsel there is no evidence that the girl at any point of time was taken by her grandfather i.e. the appellant herein.

8. On the other hand, Mr. Ghosh, learned Additional P.P. submits that the prosecution witnesses have confirmed the incident as narrated by the victim girl (PW-2).

9. I have considered the submissions of learned counsel appearing for the parties and also perused the records as well as the judgment and order of conviction and sentence passed by the learned trial judge. After perusal of the evidences of the prosecution witnesses, I find that the victim (PW-2) has narrated the incident quite vividly that the convict-appellant removed her pant and pressed his private part in her private part. After coming back to home she felt pain to her private parts and she informed her mother as well as to PW-4, her grandmother. In furtherance thereof, PW-1 being the mother of the victim, immediately informed the incident to her husband (PW-3). On careful scrutiny of the evidences led in by PW-1, PW-2, PW-3, and PW-4, I find no room to suspect their statements that