Shri Krishan Das Alias Chan vs The State Of Tripura
2023 Latest Caselaw 667 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA

                            Crl.A. No.16 of 2023
                                    and
                    IA No.01/2023 in Crl.A. No.16 of 2023

Shri Krishan Das alias Chan
                                                    .........Applicant/Appellant(s)
                                      Versus
The State of Tripura
                                                             .........Respondent(s)

For Applicant/Appellant(s) : Mr. Biswajit Debnath, Advocate. For Respondent(s) : Mr. Ratan Datta, Public Prosecutor. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 22/08/2023

Crl.A. No.16 of 2023

Admit.

Call for the lower court records from the concerned court.

Office to prepare Paper Book.

Matter be listed for hearing in usual course.

IA No.01/2023 in Crl.A. No.16 of 2023

Heard learned counsel for the applicant/appellant and learned

Public Prosecutor on the prayer for suspension of sentence made through IA

No.01 of 2023.

The applicant/appellant stands convicted for the offences

punishable under Section-8 of the Protection of Children from Sexual Offences

(POCSO) Act, 2012 vide impugned Judgment of conviction and sentence dated

17.07.2023, passed by the Ld. Special Judge (POCSO), West Tripura, Agartala

in Case No. Special (POCSO) 30 of 2018. The applicant/appellant has been

sentenced to suffer simple imprisonment (SI) for 3(three) years and to pay fine

of Rs.20,000/- for the offence punishable under Section-8 of the POCSO Act,

in default of payment of fine, the convict shall suffer simple imprisonment (SI)

for further 1(one) month. The applicant/appellant has been acquitted of the

charges under Section 376(2)(i) of the IPC.

Mr. Biswajit Debnath, learned counsel for the applicant/appellant

submits that no charges under Section-8 of the POCSO Act, were framed. The

learned Trial Court has disbelieved the allegations of rape made by the

informant-mother. It is submitted that the victim was subjected to medical

examination on 6th April, 2018 that is on the next date of the incidence.

However, no semen or stain or blood etc. were found from the samples

collected from the victim. The birth date of the victim was also not properly

evidenced to determine the exact age of the victim. DW-1 and 2 both have

stated that there is previous enmity between the informant's family and the

appellant/applicant. The learned Judicial Magistrate before whom the statement

under Section 164(5) of the Cr.P.C. was recorded has also not been examined.

It is further submitted that the statements made under Section 164(5) is a

tutored version by the victim. As such, the applicant/appellant who has been all

along on bail during trial, may be granted privilege of suspension of sentence

and the provisional bail granted by the learned Trial Court may be confirmed.

Learned Public Prosecutor does not oppose the prayer.

Having considered the rival submissions of learned counsel for the

parties and having gone through the impugned judgment and also the period of

sentence imposed upon the appellant/applicant, this Court is inclined to grant

the privilege of suspension of sentence to the applicant/appellant by confirming

the provisional bail granted by the learned Trial Court subject to the conditions

that appellant/applicant and his bailors shall submit their Aadhaar Card and

mobile number before the learned Trial Court within a period of 2(two) weeks

from today. They shall not change their address and mobile numbers without

permission of the learned Trial Court.

Application stands disposed of.

                                                                           Digitally signed by
                                                         APARESH     APARESH KUMAR SINGH
                                                         KUMAR SINGH Date: 2023.08.22
                                                                     21:28:18 +05'30'
                                                              (APARESH KUMAR SINGH), CJ

Munna S MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.08.23 16:37:49 +05'30'