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HIGH COURT OF TRIPURA

AGARTALA

Crl. A(J) 56/2024

Sri Rajib Karmakar

son of Sri Manoranjan Karmakar, resident of East Bank of

Fatiksagar, Amarpur, P.S. Birganj, District- Gomati, Tripura

----Appellant

Versus

The State of Tripura ----Respondent

For the Appellant(s) : Mr. Ratan Datta, Advocate

For the Respondent(s) : Mr. Rajib Saha, Addl. PP

Date of hearing : 21.01.2026

Date of delivery

of Judgment & Order : 28.01.2026

Whether fit for reporting : No

BEFORE

HON’BLE JUSTICE DR. T. AMARNATH GOUD

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

JUDGMENT & ORDER

(Dr.T.Amarnath Goud, J)

Heard Mr. Ratan Datta, learned Counsel appearing for the

appellant also heard Mr. Rajib Saha, learned Additional Public Prosecutor,

appearing for the respondent-State of Tripura.

2. The appellant, by means of filing the present appeal has

challenged the judgment and order of conviction and sentence dated

15.02.2024 passed by the learned Special Judge, Gomati District, Udaipur, in

connection with case No. Special (POCSO) 24 of 2021, wherein the appellant

has been convicted under Section 363 of the IPC and under Section 4 of the

POCSO, and was sentenced to suffer rigorous imprisonment for 3(three) years

and to pay a fine of Rs. 3,000/- with default stipulation, for the offence

punishable under Section 363 IPC, and further sentenced to suffer rigorous

imprisonment for a period of 12(twelve) years and to pay a fine of Rs.10,000/-

with default stipulation, for the offence punishable under Section 4 of the

POCSO Act.

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3. Facts of the case, in a short compass is that, on 03.06.2021, the

appellant, who is the elder son-in-law of the complainant, had took away the

minor daughter of the complainant (the victim herein) by alluring her with

ulterior motive. The complainant and other family members searched for both

the appellant and the minor daughter of the complainant, but they were not

traceable, and thereafter on 17.06.2024, the complainant lodged a written

complaint with the Officer-in-Charge of Kakraban police station narrating the

entire incident, and the same was treated as Kakraban PS case No. 38 of 2021

under Section 363 IPC.

4. On receipt of such information, the I.O. being endorsed by the

officer- in-charge of the police station started investigation. After completion

of investigation, the I.O has submitted charge-sheet against the appellant

under Section 363/376(20(n) IPC and Section 4 of the POCSO Act. On receipt

of the charge-sheet, cognizance was taken and subsequently, the case was

committed to the court of learned Special Judge for trial. At the

commencement of trial, charge was framed against the accused-appellant

under Sections 363/376(20(n) IPC and Section 4 of the POCSO Act, to which

the appellant pleaded not guilty and claimed to be tried.

5. The prosecution to substantiate the charge adduced as many as 16

witnesses and introduced some documents which were exhibited by the

learned trial court. On closure of the prosecution evidence, the accused was

examined under Section 313 Cr.P.C. to which he denied all the allegations and

declined to adduce any defence witness. After completion of recording of

evidences and having heard the learned counsel appearing for the parties, the

learned Special Judge convicted and sentenced the accused, as stated here-in-

above. Hence, this appeal before this court.

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6. Mr. Ratan Datta, learned counsel appearing for the appellant has

submitted that the after the alleged incident the victim is given into marriage

with another person and she is leading a peaceful conjugal life in her

matrimonial residence and the wife of the appellant also desires his acquittal.

Thus, Mr. Datta, learned counsel has urged that it is necessary to acquit the

appellant to maintain peace and harmony in the family of the victim as well as

in the family of the appellant. Mr. Datta, has further argued that the victim has

voluntarily eloped with the appellant and at that time she was attaining the age

of majority. Learned counsel has further submitted