Advocates:
['S CHAKRABORTY', '', 'Mr R G CHAKRABORTY', 'K PAUL', 'Ms SARAMA DEB', 'PP', '', 'Mr S DEBNATH']

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HIGH COURT OF TRIPURA

AGARTALA

CRL.A(J) 14 OF 2020

Shri Sushanta Banik,

S/o Sri Sanjib Banik,

R/o village Jatanbari, P.S. Natunbazar,

District-Gomati Tripura

----Appellant

Versus

The State of Tripura.

----Respondent

For the appellant

:

Mrs. Sarama Deb, Advocate

For the respondent

:

Mr. Sumit Debnath,

Additional Public Prosecutor

Argument heard on

:

08.09.2021

Judgment & Order delivered on: 29.09.2021

Whether fit for reporting: Yes.

HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI

HON’BLE MR.JUSTICE ARINDAM LODH

Judgment & Order

(Arindam Lodh, J)

In a sessions trial, the appellant was convicted and sentenced

to suffer rigorous imprisonment for 10 years for committing offence under

Section 4 of the Protection of Children from Sexual Offences (for short,

‘POCSO’) Act along with a fine of `10,000/- and rigorous imprisonment

for 3 years for committing offence under Section 354D of the Indian Penal

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Code (for short, ‘IPC’) along with a fine of `2000/- with default

stipulations in connection with Case No. Special 3 (POCSO) of 2016. The

appellant has been in jail w.e.f. the date of pronouncement of the judgment

and order of conviction and sentence dated 17.12.2019.

2.

Prosecution case, as reproduced by the learned Special Judge

is as under:

“The prosecution case in a nutshell is that on 25.02.2016 Smt.

“D” (name withheld to protect her identity), aged 16 years, daughter of

Sri Mitrijoy Tripura of Gomtibari (Mandirghat), P/S Natunbazar,

(residing in the Govt. quarter of her sister’s husband), lodged a written

ejahar with the Officer-in-Charge of Natunbazar Police Station alleging

that on 22.02.2016, Monday, at about 8.00 p.m. she and her two

classmates went out from the quarter to attend private tuition. When they

reached near the Syndicate at Jatanbari, the son of Sanjib Banik namely,

Sushanta Banik obstructed their way and drove away her two

companions by threatening them with glass bottle. Thereafter, Sushanta

took her behind the girls’ hostel by grabbing her hand and committed

rape on her. Thereafter, the accused threatened her that if she disclosed

the incident to anybody he would kill her. After reaching the quarter, she

did not disclose the incident to anybody out of fear and shame. On the

next day i.e. 23.02.2016 at about 1.00 p.m. in the afternoon she was

returning from her School towards her quarter and on the way said

Sushanta Banik along with 3/4 unknown persons came with a Maruti

Vehicle and asked her to board the vehicle. Seeing the accused and his

partners she got scared and started running towards her quarter. After

she reached the quarter the miscreants left after waiting for some time.

The number of the said Maruti vehicle was TR-03-F-0589 and the door

of the vehicle was open. It was further alleged in the ejahar that due to

the fear of the accused persons it became impossible for her to come out

on the road. She further stated in the ejahar that as the 3/4 partners of

Sushanta were unknown to her they could be identified if Sushanta was

arrested.

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On receipt of the ejahar, the O/C, Natunbazar P/S registered

NTB P/S FIR No.07 of 2016 under Sections 341/376 of IPC and Section 4

of the POCSO Act and endorsed the case to SI Ramendra Debbarma for

investigation.

During investigation, the I/O arranged for recording of the

statements of the victim and witness Smt. Jesmine Debbarma by the

Magistrate under Section 164 of Cr.P.C. The I/O visited the P.O. and

prepared hand sketch map with index and seized the material witnesses

and recorded their statements under Section 161 of Cr.P.C. and also

arranged for medical examination of the victim and collected the medical

examination reports. The I/O also collected the FSL report. On

completion of investigation, the I/O submitted charge-sheet against the

accused person namely, Sushanta Banik under Se