The court upheld the conviction under Section 8 of the POCSO Act while modifying the conviction under Section 354 IPC, emphasizing the importance of the victim's testimony against societal stigmas affecting delay in lodging FIRs.

1. This appeal is preferred challenging the judgment and order of conviction and sentence dated 27.07.2023 delivered by Learned Special Judge (POCSO), North Tripura, Dharmanagar in connection with Case No.Special (POCSO) 03 of 2021. By the said judgment, Learned Special Judge convicted the appellant under S.354 of IPC and sentenced him to suffer RI for three years and to pay fine of Rs.1000/-, id to suffer further imprisonment for one month and the Learned Special Judge also convicted the appellant under S.8 of the POCSO Act and sentenced him to suffer RI for three years and to pay fine of Rs.1000/-, id to suffer further imprisonment for one month and it was also ordered that both the sentences shall run concurrently.

2. Heard Mr. B. Deb, Learned counsel appearing on behalf of the appellant as well as Mr. S. Ghosh, Learned Addl. P.P. appearing on behalf of the State - respondent.

3. Before proceeding further with the merit of the appeal, let us discuss about the subject matter of the prosecution before the Learned Court.

4. On 26.11.2020 at about 1330 hrs. when the victim (the name withheld) along with her friends Ms. Sima Debnath and Ms. Reshmi Debnath went to the jungle nearby to their house at West Radhapur under Dharmanagar P.S.to collect fire woods and during that time, the accused - appellant Rakhal Debnath suddenly came there and initially caught hold the hand of said Ms. Sima Debnath but Ms. Sima Debnath somehow managed to free herself along with Ms. Reshmi Debnath from the clutch of Sri Rakhal Debnath, the appellant and managed to fled away from the place. After that, the accused managed to detain the victim and outraged her modesty by touching her chest and thereafter, the victim managed to leave that place and returned home and informed the matter to her parents and accordingly, the mother of the victim Smt. Sabita Nath laid an FIR to O/C Dharmanagar Woman P.S. and accordingly, a specific case was registered and the IO after completion of investigation laid charge - sheet against the accused - appellant under S.354 of IPC and S.8 of POCSO Act . Before the Learned Special Judge, formal charge under S.354 of IPC and also charge under S.8 of POCSO Act was framed against the appellant by the Learned Special Judge and the same was explained to him in Bengali to which he pleaded not guilty and claimed not to be tried.

5. During trial to substantiate the charge, the prosecution in total has adduced thirteen numbers of witnesses and the prosecution also relied upon some documents which were marked as exhibits in this case. For the sake of convenience, the name of witnesses of the prosecution and the exhibits are mentioned herein below :
"A) Prosecution Witnesses :
PW - 1: - Ms. Reshmi Debnath
PW - 2: - Smt. Ratna Debnath
PW - 3: - Smt. Manibala Nath
PW - 4: - Smt. Basumati Debnath
PW - 5: - Smt. Prativa Nath
PW - 6: - Smt. Aparna Nath
PW - 7: - Smt. Rabina Chakma
PW - 8: - Dr. Bidhan Ch. Roy
PW - 9: - Ms. Priyanka Nath
PW - 10: - Ms. Sima Debnath
PW - 11: - Smt. Sabita Nath
PW - 12: - Sri Ajit Nath
PW - 13: - Smt. Sanchita Nath
B) List of Exhibits on behalf of the prosecution :
Exhibit - 1/1: - Signature of PW - 2 on the seizure list of birth certificate of Ms. Priyanka Nath.
Exhibit - 1/2: - Signature of PW - 7 on the seizure list.
Exhibit - 1/3: - Signature of PW - 11 on the seizure list dated 29.11.2020. Exhibit - 2/1 : - Signature of PW - 2 on the seizure list of birth certificate of Ms. Sima Debnath.
Exhibit - 2/2: - Signature of PW - 7 on the seizure list.
Exhibit - 2/3: - Signature of PW - 11 on the seizure list dated 29.11.2020. Exhibit - 3