Shri Bibhu Ranjan Saha vs The State Of Tripura
2021 Latest Caselaw 1285 Tri

                      THE HIGH COURT OF TRIPURA
                            AGARTALA

                           CRL A 16 OF 2019

Shri Bibhu Ranjan Saha,
S/o Late Dayal Hari Saha of village Arjya Colony,
P.O. & P.S. Belonia, District-South Tripura.
                                                             .... Appellant
            - Vs -

The State of Tripura,

                                                            ....Respondent

BEFORE HON'BLE MR. JUSTICE ARINDAM LODH

For the appellant : Mr. S.M.Chakraborty, Sr. counsel.

Mrs. P. Chakraborty, Advocate.

For the State-respondent      : Mr. S. Ghosh,
                                Additional Public Prosecutor.

Date of hearing and           : 21.12.2021
date of delivery of
Judgment & Order

Whether fit for reporting : No

                        Judgment & Order (Oral)

The present appeal is directed against the judgment and order

of conviction and sentence dated 24.05.2019, passed by learned Special

Judge, South Tripura, Belonia, in connection with case No. Special 07

(POCSO) of 2016 whereby and whereunder the convict-appellant has been

convicted and sentenced to suffer R.I. for 3 (three) years along with a fine Page 2

of Rs.10,000/- with default stipulation, for commission of offence

punishable under Section under Section 8 of the Protection of Children

from Sexual Offences (POCSO) Act, 2012.

2. Short facts of the case are that one Shri Nimai Saha, lodged a

written complaint before the Officer-in-Charge, Belonia Police Station on

05.07.2014 stating inter alia that on 04.07.2014, at about 3:45 pm, his niece

i.e. the victim girl (12 years) went to 'Triveni Sangstha' near Arjya Colony

School to attend Yoga Class under the guidance of her coach Sri Bibhu

Ranjan Saha, the accused-appellant herein. She returned to the house in the

afternoon at 5:30 pm. After a few while she continued weeping throughout

the night without disclosing anything to her family members. Thereafter,

on the next day, in the morning on being asked by her mother about the real

cause of her weeping, she had disclosed that when she went for 'Yoga

Beyam', then, the accused taking advantage of her loneliness in the said

office room took her on his lap and put his hand on her breast through

costume. He sought for justice to the incident.

3. On the basis of the said complaint, FIR was registered. The

matter was investigated by an investigating officer. During investigation,

statements of the victim girl were recorded under Section 164(5) of CrPC.

The I.O. also recorded the statements of the available witnesses, including Page 3

parents of the victim and her uncle Nimai Saha [PW-4]. Thereafter, on

being found prima facie case is established against the accused, the

investigating officer submitted charge-sheet.

4. Learned Special Judge took cognizance of the said police

report. At the commencement of trial, charge was framed against the

accused-appellant under Section 8 of the POCSO Act. It was read over to

the accused to which he pleaded not guilty.

5. To substantiate the said charge, the prosecution has examined

as many as 9 witnesses. Five witnesses were called by the trial court. They

were CW-1 Sri Nihar Ranjan Saha; CW-2 Sri Apurba Kr. Deb; CW-3 Sri

Abhijit Bhattacharjee; CW-4 Sri Biswanath Das and CW-5 Kumari

Suvadeepa Saha.

6. After conclusion of trial, the accused-appellant was examined

under Section 313 CrPC. Learned court had drawn the attention to the

evidences and materials brought on record by the prosecution witnesses to

the accused to which he denied all the incriminating evidences against him.

7. Having heard the learned counsels and on consideration of the

evidence and materials on record, learned Special Judge held the accused-

appellant guilty of committing offence punishable under Section 8 of the

POCSO Act and sentenced the accused as aforestated.

Page 4

8. Being aggrieved by and dissatisfied with the said judgment

and order of conviction and sentence, the appellant has preferred the instant

appeal before this court.

9. I have heard Mr. S.M.Chakraborty, learned Sr. counsel

assisted by Mrs. P. Chakraborty, learned counsel appearing on behalf of the

appellant. Also heard Mr. S. Ghosh learned Addl. P.P. appearing on behalf

of the State-respondent.

10. Mr. Chakraborty, learned Sr. counsel has submitted that the

prosecution evidences have badly suffered from contradictions. Learned Sr.

counsel has further submitted that the statements which the victim girl had

stated before the Magistrate as well as before the court are inconsistent to

each other. As such, the victim girl is not trustworthy.

11. On the other hand, Mr. S. Ghosh, learned Addl. P.P. appearing

for the State-respondent has strongly defended the findings arrived at by

learned Special Judge while convicting and sentencing the accused. Mr.

Ghosh, learned Addl. P.P. has submitted that the victim girl was found to

be consistent right from entering into the room while she was alone with

the accused and the accused had asked her to sit on his lap and thereafter,

the accused had put his hand inside her costume.

Page 5

12. On the basis of aforesaid submissions, I have carefully

scrutinized the evidence and materials on record. I have also given my

thoughtful considerations to the submissions rendered by learned counsels

appearing for the parties.

13. At the very outset, I have perused the statement of the victim

girl recorded under Section 164(5) of CrPC wherein she stated thus--

"In the last week on Friday I was in the Arya Colony School. In between 3:30 pm to 4 pm my 'SIR' named Bibhu Ranjan Saha had called me and took me on his lap and loved me (i.e., touched my lovingly). He told me what I have eaten with rice. At that time I had gone there to attend in yoga practice class. My 'SIR' had touched on my costume with his hand. Thereafter, I had stated this to my mother. This is my statement."

Thereafter, I have perused the evidence of the victim girl

which she had let in during deposition as PW-7. The victim girl has

categorically deposed that in the year 2014 she was a student of Class-VI.

After returning from school she used to go to Triveni Sangstha to take

coaching of 'Yoga Beyam'. Bibhu Ranjan Saha was the coach. On

04.07.2014, her school time was over at 3:00 pm and at that time, she

without going to her home, went near to Triveni Sangstha. But the door

was locked as Bibhu Sir did not arrive there. After 10/15 minutes Sir had

arrived and opened the door. She went inside the room. PW-7 further

deposed that accused asked her to wear her costume by leaving her school Page 6

dress. Accordingly, she put on her costume for 'Yoga Beyam'. At that

time, Sir called her near to him and made her sit on his lap. He asked her

the menu she took with her lunch. She told him. All on a sudden, the

accused put his hand inside the costume and started pressing her breast. She

felt disgusted and anyhow freed herself. She further deposed that she went

out of the room. But, Sir requested her to enter inside the room. Thereafter,

PW-7 deposed that although she was reluctant to enter, on his request again

she entered into the room, but, Sir tried to molest her breast again.

Thereafter, she came out of the room and started weeping. After sometime,

other students arrived there. Before that, she was alone. On arrival of other

students, she performed her 'Yoga Beyam' and at around 5:30 pm, her

uncle, Nimai Saha (PW-4) went to bring her back. She came home but did

not divulge anything to anybody. She started weeping at home also and

went to sleep without taking food. Her mother persuaded her to take her

food and asked her what happened to her. Ultimately, she narrated the

incident to her mother i.e. what Bibhu Sir did with her. Her mother

informed the matter immediately to her father. By that time, her uncle

(PW-4) took his sleep who was the guardian of her family. Considering his

health condition, her parents did not inform Nimai Saha (PW-4) anything

in that night. On the following day, her parents narrated the incident to

Nimai Saha, her uncle (PW-4). Her uncle (PW-4) enquired the matter with Page 7

her. She narrated the incident to him. Then her uncle took her to Belonia

PS and lodged a case. After the case was registered, she was produced

before the Magistrate after a few days, but, she could not give detailed

statements as at that time she was a student of Class-VI and was nervous.

She further deposed that in fact, after this incident when she went to school,

she was teased by other students over this incident. She put her signature

on the statement recorded by Magistrate. Her signature on being identified

in the first page of the statement marked as Exbt.5 and the signature in the

second page on being identified was marked as Exbt.5/1. She stated that

her date of birth was 09.01.2003. She further deposed that the accused was

the only coach of Triveni Sangstha and the incident happened on

04.07.2014.

In her cross-examination, nothing material could be elicited

which she stated in her examination-in-chief. Furthermore, PW-7 had

volunteered that she stated before the Magistrate that the accused put his

hand inside her costume.

14. Next vital witness, in my opinion, is her uncle, Nimai Saha

who deposed as PW-4. He deposed that the victim was the daughter of his

younger brother, Nityananda Saha. The family of Nityananda Saha and his

family used to live in the same mess in the same house. PW-4 further Page 8

deposed that he was the 'Karta' of that family. He deposed that the victim

girl used to go to Triveni Sangstha for taking coaching of 'Yoga Beyam'

from her coach, Bibhu Ranjan Saha, the accused herein. He further deposed

that on 05.07.2014, Nityananda (PW-5), his wife and the victim girl came

to his hut and informed him that in the previous afternoon at around 3:45

pm when her class was over, she went to Triveni Sangstha for 'Yoga

Beyam' where after a few minutes of waiting, the accused told her to

change her dress and to wear her costume. The accused told her to sit on

his lap and inserted his hand inside the costume and started pressing her

breast. At that time, she started weeping, but, the accused had cautioned her

not to divulge the matter to anybody. PW-4 further stated that the victim

further told him that she divulged the fact to her mother at night. But the

matter was not informed him as because he was a patient of high pressure.

On the next morning being informed he lodged the case.

During cross-examination, PW-4 had volunteered that after the

incident the victim did not come to the Triveni Sangstha for 2/3 months.

Nothing material could be elicited from his cross-examination.

15. PW-5, the father of the victim girl also deposed in the same

tune of PW-4.

Page 9

16. I have given my conscious thought to the evidence and

materials on record. It is transpired that the victim appears to be very

consistent to her statement that after the school hour, she went to the Yoga

Beyam Centre at Triveni Sangstha to learn 'Yoga Beyam' where the

accused was the only teacher. She found the door was closed. However,

after a short while, the accused had arrived there and opened the door. The

accused told her to enter into the room and to sit on his lap. She was loved

by the accused-teacher and during that period, the accused inserted his

hand inside her costume. She felt disgusted. She went out of the room,

however, again being requested by the accused she went inside the room

when the accused again tried to molest her by way of pressing her breast.

Her uncle i.e. PW-4 went to bring her back. She could not divulge the

incident initially. However, on seeing her weeping her mother asked her

what had happened with her, then, she narrated the incident to her mother.

Her mother, informed the matter to her husband i.e. the father of the victim

(PW-5). On the said night, it was not informed to PW-4 who was the

'Karta' of their family as he was a patient of high blood pressure. On the

next morning, the matter was informed to PW-4. Then, PW-4 went to the

police station and lodged the FIR.

17. I find no contradiction in the principal part of her statement

that she was molested by the accused when she was alone in the Yoga Page 10

Beyam Centre, i.e. Triveni Sangstha and she was asked to sit on the lap of

the accused. I do not find any reason why a small girl would implicate her

teacher unless and until the said wrong was committed to her.

18. In the light of above discussion, in my opinion, this is not a fit

case to interfere with the judgment and order of conviction and sentence as

returned by learned Special Judge. Accordingly, the appeal is dismissed.

19. The accused-appellant Bibhu Ranjan Saha is on bail. His bail

bond is cancelled. He is directed to surrender before the learned court

below within a period of two weeks from today. It is made clear that if he

fails to surrender, learned Special Judge, South Tripura, Belonia shall

ensure his appearance in accordance with law to serve the remaining period

of sentence. Needless to say, the period of imprisonment he suffered after

his arrest or during trial shall be set off.

Send back the LCRs forthwith.

JUDGE