HIGH COURT OF TRIPURA

AGARTALA

Crl.A(J) 39 of 2024

Sri Manoranjan Das,

son of late Suramani Das

Resident of Krishnapur

P.S.- P.R. Bari, District- South Tripura.

……………..Convict Appellant(s).

Versus

The State of Tripura

………. Respondent(s)

For the Appellant(s) : Mr. Arjun Acharjee, Advocate

Ms. S. Sarkar, Advocate Ms. M. Basu, Advocate

For the Respondent(s) : Mr. Raju Datta, P.P.

Mr. Rajib Saha, Addl. P.P.

Date of hearing and delivery

of judgment & order : 06.01.2026.

Whether fit for reporting : No.

______________________________________________________________

HON’BLE JUSTICE DR. T. AMARNATH GOUD

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

J U D G M E N T & O R D E R (ORAL)

[Dr.T. Amarnath Goud, J]

[1] Heard Mr. A. Acharjee, learned counsel appearing on behalf of the

appellant. Also heard Mr. Raju Datta, learned P.P. representing the State.

[2] The present appeal is filed under Section 374 of Cr.P.C against the impugned judgment of conviction and sentence dated 06.12.2022 & 08.12.2022

passed by the learned Special Judge, South Tripura, Belonia, in case No. Special 06 (POCSO) of 2021 whereby and whereunder the appellant has been convicted U/S 376-AB of IPC and section 6 of POCSO Act and sentenced him to suffer R.I for 20 years and to pay a fine of Rs. 10,000/-, i.d. to suffer R.I for 2 months for the offence U/S 6 of POCSO Act and further R.I. for 5 years and to pay a fine of Rs.2,000/- for the offence U/S 10 of POCSO Act, i.d to suffer R.I. for 1 month. It has been ordered by the learned Court below that both the sentences of imprisonment shall run concurrently.

[3] The prosecution story in brief is that on 12.03.2021 at about 1200 hours accused Manoranjan Das called the minor daughter of the informant and taken her in his house and at that time no family members of the accused were present in his house. Thereafter, the accused forcefully took off the pant of the victim girl of the informant and attached his penis into the private part of the victim girl and also did fingering into the vagina of the victim girl. The accused also pressed the breast of the victim girl. The victim daughter of the informant shouted saying that her mother is coming, then the accused released the victim girl. After that the victim narrated the fact to the informant and while the husband of the informant returned home in the evening, the informant narrated the same to her husband. Thereafter, the husband of the informant reported the matter to the local panchayat and villagers and they advised to take the recourse of law and then the informant lodged the case with the O/C, P. R. Bari P.S. and thereafter, P R. Bari P.S. Case No. 2021/PRB/012 under Sec 376AB of IPC and section 6 of POCSO Act was registered against the accused person and the case was endorsed to an SI of police. The case was investigated and on completion of investigation I/O filed charge sheet against accused Sri Manoranjan Das for commission of offence punishable under Sec.376AB of IPC and section 6/10 of POCSO Act.

[4] Having received the charge sheet, cognizance of offence punishable under Sec. 376AB of IPC and section 6/10 of POCSO Act was taken by the learned Court below against accused Manoranjan Das. After that, the learned Court below framed charges against accused Sri Manoranjan Das for commission of offence punishable under Sec. 376AB of IPC and section 6 and 10 of POCSO Act. The contents of the charges read over and explained to the accused person, to which, he pleaded not guilty and desired to stand the trial. The prosecution examined as many as twenty witnesses to prove the charges against the accused person. After the process of recording the evidence of witnesses so adduced from the side of the prosecution was concluded, the accused person was subjected to examination as warranted U/S 313(1)(b) of Cr. P.C. with respect to the incriminating circumstances that surfaced against him in the evidence on record. His plea was of total denial and false implication for previous enmity. However, he declined to a