AGARTALA, India, March 11 -- Tripura High Court issued the following order/judgement on Feb. 10:
1. This present appeal has been filed under Section 374(2) of Cr.P.C, 1973 against the judgement and order of conviction and sentence dated 12.08.2024 passed by the learned Special Judge (POCSO), Dhalai Judicial District, Ambassa, in connection with the case No. Special (POCSO) 04 of 2022 convicting the appellant to suffer R.1 for 10 (Ten) years for the commission of offence punishable under section 376(2)(f) of the Indian Penal Code, 1860 and also liable to pay a fine of Rs- 10,000/-(Rupees Ten thousand) only for the said offence, in default, of payment of such fine, the convict shall undergo further R.I for a period of 6(six) months. Further to suffer R.I for 02(Two) years for the commission of offence punishable under Section 506 of the Indian Penal Code, 1860 and also liable to pay a fine of Rs-5,000/-(Rupees five thousand) only for the said offence, in default of payment of such fine the convict shall undergo further R.I for a period of 3(three) months and also further to suffer R.I for 07(Seven) years for the commission of offence punishable under Section 4 of the POCSO Act, 2012 and also liable to pay a fine of Rs-10,000/-(Rupees ten thousand) only for the said offence, in default, of payment of such fine, the convict shall undergo further R.I for a period of 6(six) months.
2. The brief facts of this present matter are that a case has been registered on the basis of a written complaint of the complainant, Smt. Kalpana Chakma, W/o Sri Dharma Pratap Chakma of Laicharra (Faguram Para), P.S. Chailengta, LTV, Dhalai, Tripura, to the effect that on 21.06.2022 at about 15:00 hrs, her minor daughter went to visit the house of one Smt. Satyadevi Chakma (aunt of the victim) (Pishi). At that time, the husband of the said Satyadevi Chakma, namely Tridip Chakma, S/o Lt. Kartik Chakma, committed a serious sexual offence upon her in his dwelling hut and threatened her with dire consequences not to disclose the fact to anybody, otherwise he would kill her and her parents. Due to fear of the appellant, the victim did not disclose the incident to her mother or others.
3. On 22.06.2022, suddenly the daughter of the complainant became ill, and on 23.06.2022, the victim disclosed the fact/incident to her mother that the accused person committed the aforesaid act upon her, due to which she became ill and was suffering. In the meantime, due to the death of their relative (sister-in-law of the complainant), they failed to submit the complaint in time.
4. On receiving the above complaint, the O/C of the police station registered a case and endorsed the case to one S.I. Swapan Das of Chailengta P.S. to start the investigation of the matter. Hence, the case was lodged against the appellant. Thereafter, the charge-sheet was filed and as many as 17(seventeen) witnesses were examined. After the closure of prosecution evidence, the accused appellant was examined under Section 313 of Cr.P.C., and after hearing the arguments of both sides, vide judgment dated 12.08.2024 passed by the learned Special Judge (POCSO), Dhalai Judicial District, Ambassa, in connection with Case No. Special (POCSO) 04 of 2022, the appellant was convicted as stated hereinabove.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGMNXGZKb5egGGXQsfliLtGLbuCWwt6CeMWdQx%2BsizCX&caseno=Crl.A(J)/63/2024&cCode=1&cino=TRHC010016002024&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
