Tripura High Court
Sri Sajal Banik vs The State Of Tripura ----Respondent on 5 November, 2025
Author: T.Amarnath Goud
Bench: T. Amarnath Goud
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HIGH COURT OF TRIPURA
AGARTALA
Crl. A(J) 46/2024
Sri Sajal Banik
son of late Satish Banik, resident of Milan Chakra, Srinagar, Road
No.7, P.S. A.D. Nagar, District- West Tripura
----Appellant
Versus
The State of Tripura ----Respondent
For the Appellant(s) : Ms. Varsha Poddar,
Legal Aid Counsel
For the Respondent(s) : Mr. R. Saha, Addl. PP
Date of hearing & delivery
of Judgment & Order : 05.11.2025
Whether fit for reporting : No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
JUDGMENT(ORAL)
(Dr.T.Amarnath Goud, J) Heard Ms. Varsha Poddar, learned Legal Aid Counsel appearing for the appellant also heard Mr. R. 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 24.02.2021 passed by the learned Special Judge (POCSO), West Tripura, Agartala, in connection with case No. Special (POCSO) 28 of 2019, wherein the appellant has been convicted under Section 376(2)(i)(n) of the IPC read with Section 6 of the POCSO Act, 2012, and was sentenced to suffer rigorous imprisonment for life (which would mean remaining course of his natural life) and to pay a fine of Rs. 50,000/- with default stipulation and further convicted under Section 506 IPC and sentenced to pay fine of Rs. 10,000 with default stipulation.
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3. Brief facts are that, the mother of the informant (PW1) had lodged a complaint with officer in-charge of West Agartala police station on 23.02.2016 stating inter alia that her daughter, aged about 13 years, was noticed by her to express her uneasiness for few months and stopped taking food regularly and also found her daughter remaining silent for most of the time and does not reply the conversation and she also came to know that the menstrual cycle of her daughter had stopped. When doubt raised, the conducted pregnancy test of her daughter through a test-kit and to her surprise the same resulted positive. It was also alleged that after asking, she came to know that during Laxmi Puja her daughter went to meet her friend in the house of the accused where the grandfather of her friend committed misdeed upon her. It was further alleged that after about 10-12 days, the accused again committed the similar misdeed upon her daughter and thereby the informant realized that the accused committed rape upon her daughter. It was also alleged that the accused had threatened her daughter to kill her parents if she reveals the incident to anybody.
4. On receipt of such information, the I.O. being endorsed by the officer- in-charge of the police station started investigation, and during the course of investigation, he recorded the statements of the witnesses, arrested the accused. The investigating Officer had also arranged for recording statement of the victim-girl under Section 164(5) of Cr.P.C. before the concerned Magistrate, medical examination of the victim. As per order of Hon'ble High Court, medical examination of the accused was also done. On completion of investigation, the investigating officer submitted charge-sheet under Sections 376AB/506 IPC and section 6 of the POCSO Act against the accused. On receipt of the charge-sheet, cognizance was taken by the Special Page 3 of 7 court. At the commencement of trial, charge was framed against the accused under Sections 376(2)(i)(n)/506 IPC and 6 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 20 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 evidence on his behalf. 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.
6. Ms. Poddar, learned counsel appearing for the appellant (here-in- after referred to as the "accused") has submitted that there are substantial contradictions in the statement of the prosecution witnesses. Ms. Poddar, has questioned the authenticity of the examination report/SFSL report of the victim. Learned counsel also has raised serious objection to the discrepancies arose between the complainant, the witnesses, seizure and the reports. Learned counsel also questioned regarding the date of collection of blood sample of the victim and the accused. Ms. Poddar, learned counsel has tried to persuade this court that PWs 1, 3, 5, 6, 12, 15, 17 and 18 are hearsay witnesses and their deposition has no credibility. Showing all the discrepancies therein learned counsel has submitted that the entire investigation is perfunctory, hence, has submitted that this is a clear case of acquittal.
7. On the other hand Mr. Saha, learned Additional PP appearing for the State-respondent has submitted that the presence of the accused at the scene of occurrence on that fateful date and time has been proved beyond Page 4 of 7 reasonable doubt. Mr. Saha, learned Additional PP has submitted that from the deposition of the witnesses, it is aptly clear that the accused had raped the victim for which the victim became pregnant and by Order of this Hon'ble Court abortion was done and fetus was removed. Mr. Saha, learned PP has further submitted that the witnesses deposed before the learned trial Court are independent witnesses. Learned Additional PP has emphasized on the DNA report [Exhibit-6] which clearly shows that the accused is the biological father of the fetus and the victim is the biological mother of the foetus. Lastly, learned Additional PP has submitted that the case has been proved beyond reasonable doubt and requires no interference of this Hon'ble Court.
8. We have considered the submissions of learned counsel appearing for the parties, and have perused the records.
9. We have given our thoughtful considerations to the evidences brought on record. According to this Court, the most vital witness of this case, naturally, is the victim girl, who deposed as PW-2. Prior to her deposition, the learned trial court has tested her credibility and maturity of understanding. PW-2, has categorically stated that "I am a student of Class-VI at Netaji Palli JB School. I used to visit our adjacent house of Sajal Banik for playing with Mahi Banik. Sajal Banik is the grandfather of Mahi. Mahi and her parents used to stay in a separate rented house. Mahi used to come to the house of her grandfather for playing with me. Before few days of Laxmi Puja, before last Laxmi Puja one day around 10/11.00 a.m I went to the house of grandfather of Mahi for playing with her. At midst of playing Mahi went to latrine. At that time grandfather of Mahi called me and took me to their dwelling room and layed me down on the bed, put off my wearing pant and committed ill works with me. I cried out in pain. He threatened me not to disclose such facts to my Page 5 of 7 parents and others, otherwise, he would kill my parents. After few days of Laxmi Puja one day again Mahi called me to play with her in the house of her grandfather. But I refused to go there. Mahi told me that none is present in their house. I, therefore, went to that house for playing with Mahi. On that day also at the midst of such play Mahi went towards the back side of their house and her grandfather took me to his dwelling room and again committed ill works with me. On that day also grandfather of Mahi threatened me not to disclose such facts to my parents, otherwise, he would kill them. Thereafter, I used to play with Mahi on the road in front of our house. Since I had a quarrel with Mahi on the issue of bi-cycle I did never go to their house thereafter. Subsequently, I was admitted to hospital and remained there for about 10 days. Doctor checked my blood pressure and also collected blood. An operation was also done.". Said PW-2 could also identified the accused on being shown his photo to her before the learned trial court. 9.1. The deposition of PW-2 and PW-3 also corroborates the deposition of PW-1. Further, PW-6, also deposed that she heard that the accused Sajal Banik, the appellant herein, is responsible for pregnancy of the victim girl. She also deposed that she through her brother arranged for an order of termination of the pregnancy from the Hon'ble High Court, and PWs- 8 and 9 have terminated the pregnancy and handed over the foetus, placenta with cord and the blood sample to the I.O.
9.2. From the deposition of PW-10, who was then posted as Deputy Director, TSFSL, Narsinghar, it is evident that he has done the DNA Profiling examination and prepared the report. PW-10 after examination has made an observation, which is as under:
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A) One of the Allele of the amplified LOCI of DNA Profile of Exhibit-D (foetus of the victim) matched with one of the respective allele in the DNA Profile of blood sample of Exhibit-E(blood sample of victim). B) Non maternal Allele of the amplified LOCI of DNA Profile of Exhibit-D (foetus of victim) matched with one of the respective allele in the DNA Profile of blood sample of Exhibit-F( blood sample of accused Sajal Banik). On the basis of above observation, I concluded that :-
(i) Victim is the Biological mother of the foetus.
(ii) Shri Sajal Banik is the Biological father of the foetus.
After examination remnants of the exhibits have been sealed with the seal impression of TSFSL and returned back along with the report. I also prepared the report in six pages. The report was typed by me in our official computer. This is the said report which bears my signatures in all the six pages. The report is marked as Exhibit-6 as a whole and the signatures of witness in all the pages of the report are also marked as Exhibit-6/1 series. The report was forwarded to the SDPO., Sadar by our Director under a separate forwarding letter. The forwarding letter having signature of the Director on identification by the witness stands marked as Exhibit-7 as a whole."
10. On appreciation of the evidence, it reveals that the victim girl (PW-2) was subjected for the sexual assault by the accused resulting the victim to be pregnant. The victim has narrated the entire incident to her mother (PW-1) and to PW-6. She also alleged that she was threatened by the accused on disclosure. Subsequently, DNA profiling was conducted and the DNA Report discloses that the victim and the accused are biological parents of the foetus. Opinion laid down by PW-10, who has conducted the DNA profiling, is as expert opinion evidence, and it has probative value.
11. Thus, on the strength of the evidence let in by the victim girl and the DNA report [Exhibit-6], categorically indicates that the samples collected therein match with the foetus of the victim and the appellant. It cannot be said that even if there is a delay or if the preservation is not properly done, there is possibility of contamination, and it does not mean that the sample of the accused person would match with the foetus. Thus, the argument led by the learned defence counsel that if the sample is not preserved properly, proper report will not come and the opinion might show that the DNA match with the Page 7 of 7 accused and the victim, cannot be accepted. Further, the judgment relied upon by learned defence counsel has no applicability with the present case. In the present case, from all aspect, it is clear that the accused has committed rape upon the victim girl for which she has become pregnant and the said fact is apparent from the DNA Report.
13. However, learned Counsel for the appellant has submitted that the appellant is about 62 years of age and he has been convicted for life, and thus prayed for reduction of quantum of sentence.
14. In the light of the above evidence as discussed earlier, the prosecution succeeded in proving the charges against the accused. There are no grounds made out by the accused to interfere with the said findings. Accordingly, the conviction as returned by learned Special Judge has not been interfered with. However, considering the age and health of the accused- appellant, the sentence recorded by the learned Special Judge is interfered with and, the accused-appellant is sentenced to suffer R.I. for a period of 20 (twenty) years with a fine of Rs. 50,000/- (rupees fifty thousand), in default of such payment, the accused-appellant shall have to suffer further simple imprisonment for 6 (six) months.
15. With the above observations and directions, the instant appeal stands allowed in-part to the extent as indicated above, and thus, disposed of.
Send down the LCRs.
B. PALIT,J DR.T. AMARNATH GOUD,J
Digitally signed by
SAIKAT KAR SAIKAT KAR
Date: 2025.11.07
01:20:12 -08'00'