The prosecution must prove guilt beyond reasonable doubt; any doubt must favor the accused, leading to the annulment of the conviction.

JUDGMENT

1. This is an appeal filed under Section 374 of CRIMINAL PROCEDURE CODE , 1973 against the impugned judgment and order of conviction and sentence passed by the learned Special Judge (POCSO), West Tripura District, Agartala on 15.03.2021 in connection with the case bearing Special(POCSO)20 of 2019 whereby the present appellant was sentenced to suffer S.I. for 6 months. The present appellant is also convicted under Section 354B of IPC in alternative of Section 8 of the POCSO Act and to suffer R.I. for a term of 3(three) years and to pay a fine of Rs.15,000/- with default stipulation. Both sentences shall run concurrently.

2. The fact of the prosecution case, in brief, is that, P.W.1, Smt. Dipali Nama being the informant and the mother of the victim (name withheld), has lodged a written ejahar with the O.C. Agartala, Women P.S., West Tripura. In the said ejahar, it is stated that on 12.02.2019 at about 20.05 hrs., her victim daughter was in the house alone and the informant went to her workplace in the morning. She alleged that at about 10.45 am, the appellant entered the house, and taking advantage of the loneliness of her daughter, the appellant touched the breast of her daughter and also tried to undress her by removing her panty. It is further stated that during the incident, the victim shouted and raised alarm. After running out of her house, the victim took shelter in the house of the neighbour, namely, Narayan Biswas when the victim narrated the incident to others. The informant prayed before the police to take appropriate steps in that regard.

3. After the receipt of the aforesaid complaint, Agartala Women P.S. registered a case bearing No.WAW004/2019 under Section 448 /354(B) of IPC and Section 8 of POCSO Act, 2012 dated 12.02.2019 and endorsed the same to be investigated by the WSI, Emily Nandi, P.W.9, I.O. of the case.

4. Subsequently, after investigation, police filed the charge sheet against the present appellant under Section 448 /354/323 of IPC read with Section 8 of the POCSO Act.

5. Learned Special Judge, West Tripura District, Agartala registered the case being Special (POCSO)2O OF 2019.

6. After perusal of the materials on record, the learned Special Judge has framed charges which are reproduced herein below:-

'(i) Whether on 12.02.2019 about 10.45 a.m. the accused committed house tress press by entering into the house of the informant at Barjala and thereby committed an offence punishable under Section 448 of the INDIAN PENAL CODE ?

(ii) Whether on the above mentioned date, time and place, the accused used criminal force upon the victim daughter of the informant and after touching her breast, he tried to disrobe her by removing her panty and that he thereby committed an offence punishable under Section354B of the INDIAN PENAL CODE ?

(iii) Whether on the above mentioned date, time and place, the accused touched the breasts of the victim girl, a child and further with sexual intent, tried to remove her panty and that he thereby committed an offence of sexual assault punishable under Section-8 of the POCSO Act?

(iv) Whether on the above mentioned date, time and place, the accused caused hurt to the victim and that he thereby committed an offence punishable under Section 323 of the INDIAN PENAL CODE ?'

7. In course of the trial, upon consideration of the record and after hearing both sides, the learned Trial Court framed the charge against the appellant under Section 448 /354B/323 of IPC and alternatively under Section 8 of the POCSO Act. The appellant pleaded not guilty and claimed to be tried.

8. The prosecution has examined as many as 9(nine) witnesses to substant