HIGH COURT OF TRIPURA AGARTALA CRL.A(J) NO.42 OF 2025 Shri Nripendra Ghosh@ Moni, S/o. Late Dijendra Ghosh, Of North Ganganagar, Ward No.01, P.S.- Dharmanagar, District- North Tripura.

…………..Appellant VERSUS The State of Tripura. …………Respondent For Appellant(s) : Ms. Ayesha Saha Hirwat, Advocate.

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

Date of hearing and delivery of judgment and order : 25.02.2026 Whether fit for reporting : NO HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER (ORAL)

Dr. T. Amarnath Goud, J

1. This present appeal has been filed against the judgment and order of conviction and sentence dated 24.04.2024, passed by the learned Special Judge (POCSO), North Tripura, Dharmanagar, in case no. Special (POCSO) 07 of 2022, convicting the appellant for commission of offence punishable under Section 376AB and 323 of IPC and also under Section 4 of POCSO Act, to suffer rigorous imprisonment for 20(twenty years) along with a fine of Rs. 20,000/- (twenty thousand) under Section 376AB of IPC and in default of payment to suffer imprisonment for a further period of 6(six) months. To suffer rigorous imprisonment for 3 months along with fine of Rs.500/- (five hundred) under section 323 of the IPC and in default of payment of fine to suffer imprisonment for a further period of

15(fifteen) days. To suffer rigorous imprisonment for 20(twenty) years along with fine of Rs. 20,000/-(twenty thousand) under section 4 of the POCSO Act and in default of payment of fine to suffer imprisonment for a further period of 6 months and the sentences shall run concurrently.

2. The brief fact of this case is that on 08-02-2022 at about 2000 hours the informant Mira Rani Nath was busy in cooking in the house of her brother- in-law Sanjib Nath at North Ganganagar under Dharmanagar PS. During that time her daughter aged 10 years was playing with her younger sister in the courtyard of the house. The informant after sometime noticed that the victim is not present in the courtyard. The informant started calling the victim and the victim came to the courtyard after sometime and stated that accused-Nripendra Ghosh who is from the neighbourhood called her in the house of Dilip Nath on the pretext of giving kurkure and also to klick some selfie pictures and she went along with the accused in the house of Dilip Nath and there the accused took her inside the bathroom and forcibly open her panty and pushed his finger inside her vagina and as a result she sustained bleeding injuries in her vagina.

3. The informant lodged an ejahar on 09-02-2022 in the early morning with Dharmanagar woman PS regarding the incident and based on it Dharmanagar woman PS case No.04 of 2022 was registered under section 323 & 376AB of the IPC and under section 4 of the POCSO Act and SI Rita Debnath was endorsed to do the investigation.

4. The I.O. on completion of investigation submitted charge-sheet against the accused under section 323 and 376AB of the IPC and under section 4 of the POCSO Act.

5. The charge-sheet was filed before this Court and cognizance of offence was taken and during the proceeding the accused was summoned and prosecution papers were supplied to him.

6. Thereafter both sides were heard and on finding prima facie evidence under section 323/376 AB of IPC and Section 4 of the POCSO Act, a formal charge was framed against the accused under the said provision and the same was read over and explained to him to which he pleaded not guilty and claimed to be tried.

7. The prosecution to bring home the aforesaid charges adduced as many as 13(thirteen) witnesses. After closure of the prosecution evidence the accused was examined under Section 313 of Cr.P.C wherein he stated that the prosecution case is false and submitted to adduce himself along with Sri Pradyut Sarma and Sri Amarjit Singha as witnesses from his side. Accordingly, the accused adduced himself along with the aforesaid two witnesses from his side.

8. After closure of the evidenc