The conviction under the POCSO Act was upheld as the prosecution provided credible evidence of sexual assault despite procedural issues, affirming the victim's testimony as trustworthy.

1. This appeal is directed challenging the judgment and order of sentence and conviction dated 20.07.2023 delivered by Learned Special Judge (POCSO), West Tripura, Agartala in connection with Case No. Special (POCSO) 43 of 2021. By the said judgment, Learned Special Judge found the appellant to be guilty and convicted and sentence him to suffer simple imprisonment for three years and to pay a fine of Rs.20,000/- for the offence punishable under S.8 of the POCSO Act , in default of payment of fine, the convict shall suffer simple imprisonment for further one month and to suffer simple imprisonment for six months and to pay a fine of Rs.1,000/- for the offence punishable under S.448 of IPC , in default of payment of fine, the convict shall suffer simple imprisonment for five days and it was further ordered that Both the sentences of imprisonment shall run concurrently.

2. Heard Mr. H.K. Bhowmik, Learned counsel appearing for the appellant as well as Mr. S. Ghosh, Learned Addl. P.P. appearing for the State - respondent.

3. Before the Learned Trial Court the case of the prosecution was in short is that on 16.10.2021 the informant, Smt. Smriti Sarkar (Das), mother of the victim (name withheld for protecting her identity) laid one FIR to O/C, Amtali P.S. alleging inter alia that at about 10.00 a.m. she went out for usual work in a 'Bidi' factory at Hapania keeping the minor daughter i.e. the victim aged about 14 years alone in the rented house at Sukantapalli, Amtali which was owned by one Sri Tapash Debnath. According to her, her husband was also left the house on that day in the morning at about 7.00 a.m. At about 01.00 p.m. in the noon her middle daughter, Arshita Das informed her that the accused Kartik Dey of their locality entered into their house and called her younger daughter and accordingly, the victim came out from the room at Varandah and during conversation the accused entered into their room and sat on a chair and told the victim girl to give a glass of water and accordingly, the victim served water to the accused and at that point of time, the accused suddenly dragged the victim girl make her sit on his lap and touched her breast by applying force upon her when the victim somehow dispersed herself from the clutch of the accused and took shelter in another room. Accordingly, the FIR was laid and on the basis of that allegation, Amtali P.S. Case No.2021 / AMT / 134 dated 16.10.2021 under S.448/354(A) of IPC and under S.8 of POCSO Act was registered and the case was endorsed to the IO for investigation who after completion of investigation, laid charge - sheet against the appellant before the Learned Trial Court and the charge was framed under S.448/354(A) of and also under S.8 of POCSO Act and the same was explained to him in Bengali to which he pleaded not guilty and claimed to be tried. During trial, to substantiate the charge, the prosecution has adduced 9(nine) numbers of witnesses. The defence case was that of denial and as such, the appellant during his examination under S.313 of CrPC , pleaded as innocent and desired to adduce witness in support of his defence and accordingly, on behalf of the appellant one witness namely Mrs. Laxmi Rani Dey was examined as D.W.1 and finally, after conclusion of trial, the Learned Trial Court below found the appellant to be guilty and convicted him. Challenging that judgment the present appeal is before the High Court.

4. At the time of hearing of argument, Mr. H.K. Bhowmik, Learned counsel appearing for the appellant first of all drawn the attention o