The conviction for criminal trespass and sexual assault under IPC and POCSO Act was upheld based on consistent testimony from the victim and corroborating evidence, establishing guilt beyond reasonable doubt.

JUDGMENT

1. The present appeal is directed against the judgment and order of conviction and sentence dated 06.03.2021, passed by learned Special Judge, South Tripura, Belonia in Case No. Special (POCSO) 4 of 2020 whereby and whereunder the accused-appellant had been convicted for committing offence punishable under Section 447 of the INDIAN PENAL CODE and sentenced him to suffer Rigorous Imprisonment for one month along with a fine of Rs.500/- (Rupees five hundred) for the said offence with default stipulation. The accused-appellant had also been convicted for committing offence punishable under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced him to suffer Rigorous Imprisonment for 3(three) years along with a fine of Rs.2,000/- (Rupees two thousand) for the said offence with default stipulation.

2. Heard Mr. S. Bhattacharjee, learned counsel appearing for the accused-appellant. Also heard Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.

3. Prosecution case, as projected by learned Special Judge is narrated here-in-below:-

'The prosecution agency came into motion on filling of an ejahar made by the mother of the victim on 13.11.2019 to the effect that, on that day i.e. on 13.11.2019 at about 8 a.m. the informant went to the house of one Sri Man Kumar Gurung at Krishnapur to attend Bandhan Bank meeting and brother of the victim went to private tuition at Ranjanagar. At about 8.15 a.m. the victim daughter of the informant arrived at home after completion of her private tuition at Rajnagar and since about 8.15 a.m. while the victim was alone in her house at that time accused Jakir Miah @ Tanu entered into the house of the informant and asked her for providing drinking water. Accordingly, the victim gave a glass of water to the accused. Thereafter, the accused again sought for another glass of water and while the victim proceeded for bringing another glass of water from the kitchen at that time accused hugged her from behind. The victim cried loudly and local people arrived at the spot and detained the accused.

The Officer in charge of P.R.Bari police station received the ejahar and registered P.R. Bari PS case no.2019/PRB/111 under section 447 and 354 of the INDIAN PENAL CODE and section 8 of POCSO Act and SI Suman Singha was entrusted to investigate the case. Accordingly, SI Suman Singha took up the task of investigation and after completion of investigation said SI Suman Singha submitted charge sheet vide C/S No.1 dated 11.01.2020 against accused person namely Jakir Miah @ Tanu under section 447 and 354 of the INDIAN PENAL CODE and section 8 of POCSO Act.'

4. Having received the charge-sheet, learned court below framed charges under Sections 447 /354 of IPC and Section 8 of POCSO Act against the accused. The contents of the charges were read over and explained to the accused to which he pleaded not guilty and desired to stand trial.

5. To establish the charges, the prosecution had examined as many as 7 witnesses including the victim [PW-2, name withheld].

6. After closure of recording evidence on behalf of the prosecution, the accused-appellant was examined under Section 313(1)(b) of CrPC in respect to the incriminating circumstances surfaced against him. The accused denied all the allegations and he claimed that he has been falsely implicated in connection with the case. However, the accused declined to adduce any evidence on his behalf.

7. Having heard the learned counsels appearing for the parties and on consideration of the evidences on record, learned Special Judge held that the prosecution had been able to substantiate the charges levelled against the accused-appellant beyond reasonable doubt and convicted and sentenced the accus