AGARTALA, India, Feb. 26 -- Tripura High Court issued the following order/judgement on Jan. 27:
[1] Heard Mr. P.S. Roy, learned counsel appearing for the appellant. Also heard Mr. Raju Datta, learned Public Prosecutor, appearing for the respondent-State of Tripura.
[2] The appellant has prayed for the following relief:-
i) Admit this appeal;
ii) Call for the record;
iii) Issue notice upon the respondent; and After hearing the parties be pleased enough to set aside the impugned Judgment of conviction and sentence dated 21-09-2023 passed by Shri Ashutosh Pandey, Ld. Special Judge, Gomati Judicial District, Udaipur in case No. special 21 of 2021 (POCSO) whereby and where under the appellant has been sentenced to suffer Rigorous Imprisonment for a period of 2(two) years and to pay a fine of Rs.2000/-(Rupees two thousand) for his conviction under section 363 of IPC. In default of payment of the fine he shall suffer further R.I. for two month. He is also further sentenced to suffer Rigorous Imprisonment for 20(twenty) years and to pay a fine of Rs.10,000/(Rupees Ten Thousand) for his conviction under Section 6 of the protection of Children from Sexual Offence Act, 2012. In default of payment of the fine he shall suffer further R.I for six months.
Both the sentences shall run concurrently."
[3] Facts leading to the present appeal are that, one Smt. Urenti Reang mother of the victim lodged an FIR that on 22.05.2021 at around 6:30 p.m. her daughter aged 14 years, went to catch frogs in the nearby field. As the victim was getting late to return home, the informant along with her husband started searching for her but failed to trace her out. At around 3 a.m. she found unconscious nearby their house. They took her to the house and on query she revealed that one Baidyaram Reang called her to the jungle where four persons already assembled there. Amongst the four persons, the daughter of the informant could recognize two namely, Hemanta Reang and Swadhin Reang and the rest two were unknown to her. There in the jungle, they forcefully committed rape on her. It is stated by the informant that due to engagement in village 'Salishi' delay caused in filing the FIR. On receipt of the written complaint, O/C of Birganj P.S. registered FIR No. 26 of 2021 dated 28.05.2021 under Section 376 D of IPC and Section 6 of POCSO Act and put WSI Mousumi Datta the charge of investigation. The I/O on completion of investigation submitted charge-sheet against the accused persons namely, Hemanta Reang, Baidyaram Reang and Nibendra Reang under Sections 376D of IPC and Section 6 of the POCSO Act. The record reflects that before completion of investigation, accused persons namely, Soushmai Reang and Prakash Reang were found juvenile-in-conflict with law and accordingly, vide orders dated 11.06.2021 and 17.06.2021 respectively both of them were sent before the Juvenile Justice Board, Gomati, Udaipur for facing separate trial and trial against the accused persons namely, Hemanta Reang and Baidyaram Reang and Nibendra Reang was commenced in the Court of Special Judge, Gomati District. [4] Mr. P.S Roy, learned counsel appearing for the appellant submitted before this Court that the conviction passed by the learned trial Court is not based on cogent evidence as there is some contradiction in the statements recorded under Section 161 of Cr.P.C and the evidence of the witnesses. He further submitted that P.W-12, Dr. Sabyasachi Nath, Senior Scientific Officer cum Assistant Chemical Engineer, SFSL in his deposition clearly stated that seminal stain/spermatozoa/blood stain of human origin could not be detected in the Exhibits-A1 and A2(A1-Vaginal Swab and A2- Cervical Swab).
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqEjSRJ5Q11%2F1Bqmc28eV6yl2xKGB3aIubYcoIfUixEHx&caseno=Crl.A(J)/61/2024&cCode=1&cino=TRHC010015622024&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
