HIGH COURT OF TRIPURA AGARTALA CRL.A(J) NO.53 OF 2024 Sri Sujit Tanti, Son of Sri Subal Tanti, Resident of Gopitilla, Sipaihour, P.S.-Khowai, District- Khowai Tripura, Convict-Appellant in Jail, Represented by her mother, Smt.- Saraswati Tanti, W/o Subal Tanti, resident of Gopitilla, P.O. and P.S.- Khowai, District-Khowai.

…………..Appellant VERSUS The State of Tripura, Represented by the Secretary, Home Department, Govt. of Tripura, Civil Secretariat, New Capital Complex, P.S.- NCC, West Tripura.

………Respondent For Appellant(s) : Mr. Debesh Ch. Roy, Advocate.

Mr. Abhijit Gon Chowdhury, Advocate.

For Respondent(s) : Mr. R. Datta, P.P.

Mr. R. Saha, Addl. P.P.

Date of hearing and delivery of judgment and order : 20.01.2026.

Whether fit for reporting : YES/NO.

HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER (ORAL)

1. This present criminal appeal has been filed under Section 374 of the Criminal Procedure Code, 1973 against the judgment dated 24.08.2023 passed by Special Judge (POCSO), Khowai, Tripura in Case No.SPL (POCSO) 01 of 2019 whereby the appellant was convicted and sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 50,000/-for the offence committed under section 4 (2) of Protection of the children from the Sexual offences Act,2012 and also sentenced to pay fine by Rs 10,000/-for the offence under Section 506 of Indian Penal Code.

2. The fact of this case is that, one Suresh Tanti set the criminal law in motion by lodging an 'ejahar' stating inter-alia that his blind daughter aged about 13 years had been raped by the accused Sujit Tanti several times. The informant is a rickshaw puller by profession. Taking the advantage of his absence the accused used to rape her under threat of dire consequence. Initially his daughter did not inform him anything but when he noticed that his daughter stopped taking food, he created pressure on her to disclose everything, then his daughter informed that the accused frightened her by touching her throat with a bill hook. Immediately the victim was taken to police station and FIR was lodged.

3. On 16.02.2019 at 15.20 hours, on receipt of the ejahar, a case was registered being KHW PS case No 2019KHW012, dated 16.02.2019, under Section 376(2)(L.n).(3)/506 of IPC and under Section 4 of POCSO Act, 2012.

4. The case was endorsed to WSI Kamala Rani Murasing for investigation. During investigation she visited the place of occurrence, prepared a hand sketch map of the place of occurrence with separate index, examined available witnesses and recorded their statements under Section 161 Cr.P.C. Further, she arranged for recording the statement of the victim girl under Section 164(5) of Cr.P.C, arranged for medical examination of the victim girl, arranged for medical examination of the accused, seized the school certificate of the accused and received the SFSL report. On completion of investigation, a prima-facie case having been appeared, the I.O., submitted a charge-sheet dated 28.09.2019, under Section 376(3)/506 of IPC and under Section 4(2) of Protection of Children from Sexual Offences Act, (POCSO AC) against the appellant herein.

5. Thereafter, charge was framed against the accused person under Section 376(3)/506 of IPC and Section 4 (2) of the POCSO Act, 2012, to which he pleaded not guilty and claimed to be tried.

6. In course of trial, the prosecution examined twenty witnesses who were cross examined and further documents were exhibited. The accused appellant was examined under section 313 Cr Pc. The accused declined to adduce evidence.

7. After hearing argument of the parties, the learned special Judge (POCSO), Khowai delivered judgment dated 24.03.2023 convicting the appellant as stated herein above.

8. Being aggrieved with the said conviction and sentence passed in the case No. Special(POCSO)1 of 2019 by the learned Special Judge, Khowai, the appellant has preferred this present appeal seeking to set aside and quash the Judgment of convic