TRIPURA HIGH COURT ISSUES ORDER ON SRI MATILAL BHOWMIK V/S THE STATE OF TRIPURA

AGARTALA, India, March 11 -- Tripura High Court issued the following order/judgement on Feb. 10:

1. This present appeal under Section 374 of the Criminal Procedure Code 1973 has been filed against the order of conviction and sentence passed by learned Special Judge (POCSO), in Case No. SPECIAL (POCSO) 38/2019 vide Judgment dated 22.03.2023 which learned Trial Court convicted and sentenced the appellant-petitioner to suffer RI for 20 (Twenty) years and to pay fine of Rs. 30,000/- only under Section-6 of the POCSO Act, in default of payment of fine, the convict shall suffer simple imprisonment(SI) for further six months

2. The brief fact of this case is that on 20.07.2019, at about 11.30 hours, while the informant was engaged in cooking in her kitchen room, at that time her minor daughter aged about 4 1/2 years went to the room of her grandfather namely Matilal Bhowmik, and after sometime when the informant called her daughter, she noticed that her daughter was crying and blood was oozing out from her private part. Thereafter, the informant understood that the said convicted accused namely Matilal Bhowmik has committed rape upon her minor daughter. The complainant (mother of the victim) lodged the FIR against the accused Matilal Bhowmik before the officer in charge of Budhjungnagar police station, West Tripura on 20.07.2019 and the said complaint was registered as 2019/BJN/057 under Section 376(2)(f) of The Indian Penal Code, 1860 (IPC) and Section 4 of the Protection Of Child from Sexual Offence Act, 2012 (POCSO). And the same was endorsed to SI Tapash Malakar for investigation.

3. After conclusion of investigation the I/O filed Charge Sheet in this case vide Budhjungnagar PS Charge Sheet No.48/2019, dated 15.10.2019, under Section 376(2)(f) of The Indian Penal Code, 1860 (IPC) read with section 6 of the Protection Of Child from Sexual Offence Act, 2012 (POCSO) against the accused person namely Matilal Bhowmik only for trial before the Court.

4. The charges was framed against the accused under Section 376(2)(f) of The Indian Penal Code, 1860 (IPC) read with section 6 of the Protection Of Child from Sexual Offence Act, 2012 (POCSO). On 15.10.2019 and the accused pleaded not guilty after the charge was read over to the convict appellant in Bengali.

5. The prosecution adduced as many as 17 witnesses and also exhibited several other evidences in the form of documents, as well as material objects were also adduced by the prosecution starting from Exbt.-1 to 17/1 and Exbt.MO1, Exbt.MO.2 series and after closure of the Prosecution evidence, the convict appellant person was examined by the trial court under Section 313(1) (b) of Cr.P.C on 27.07.2022 No D.W.S were adduced from the side of the accused.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqBzUH44u9Txi0LqWL1255%2B%2Bf4QkuS4n8DZAj8wnjpreU&caseno=Crl.A(J)/71/2024&cCode=1&cino=TRHC010020832024&state_code=20&appFlag=)

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