The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.

JUDGMENT :

T. AMARNATH GOUD, J.

1. Heard Mr. D.J. Saha, learned counsel appearing for the appellant also heard Mr. Raju Datta, learned Public Prosecutor appearing for the respondent-State.

2. The present appeal is directed against the judgment and order of conviction and sentence dated 17.10.2023 passed by the learned Special Judge (POCSO), Additional District and Sessions Judge, Court No.3, Agartala, West Tripura in connection with case No. Special (POCSO) 12 of 2022, whereby and whereunder the appellant convicted and sentenced to suffer rigorous imprisonment for 20 years along with fine of Rs.20,000/- under Section-4 (2) of the POCSO Act and in default of payment of fine to suffer simple imprisonment for a further period of four months.

3. The factual background of the prosecution case is that the informant-mother lodged a written complaint on 04.12.2021 before the West Agartala Women P.S. numbered as WAW 85 of 2021 stating inter- alia that she used to live in her mother’s house along with her minor victim daughter. Informant is a worker in the Pantaloons a private establishment and her mother also used to work as a cook in several houses and in relation to their works, most of the times they both had remain out of their dwelling house. According to the informant, her only daughter [name withheld] aged about 15 years, was student of Class-IX at Tulshibati Girl’s School. The convict-appellant being a tenant of the mother of informant in that house, in absence of informant and her mother on the false assurance of marriage, tried in establish physical relationship with the victim.

4. On 29.11.2021, in absence of informant and her mother, accused person called the victim girl in his room on the pretext to have a talk with her and thereupon, victim went to the room of the aforesaid accused, when he forcefully committed rape upon her. The victim raised alarm and then the other accused persons namely, Krishna Sarkar, Ghatak, Parikhit Chakraborty, Prasenjit Das, Harendra Das came to the spot and out of them, one accused video recorded that scene. According to the informant her victim daughter sought help when these accused persons also gave ill proposal to the victim for making physical relation with them also, otherwise, they outspread the recorded video in the social media. It is also reflected from the ejahar that on the denial of their proposal by her victim daughter and also when she tried to flee away from the spot, the accused persons tried to outrage the modesty of the victim and also snatched away her wearing gold ornaments.

5. During trial, the learned trial Court framed charges under Section-376(3) of the IPC and Section-4 of the POCSO Act against the accused person namely, Sourav Chakraborty @ Sagar and after completion, the judgment and sentence dated 17.10.2023 passed by the Special Judge (POCSO), Additional District and Sessions Judge, Court No.3, Agartala, West Tripura in connection with case No. Special (POCSO) 12 of 2022 whereby the son of the appellant i.e. the convict herein convicted as indicated above.

6. Based on the written complaint of the informant, a case was lodged at West Agartala Women P.S. and accordingly, the investigation started. During investigation, the IO on 04.12.2021 and on other dates examined the victim informant and other available witnesses and recorded their statements under Section-161 of Cr. P.C. On the same date, I.O. arranged for medical examination of the victim from the IGM Hospital, Agartala, seized the original birth certificate of the victim girl, seized some samples of the victim girl in connection with this case and also arranged for recording of the stat