Tripura High Court
Sri Sajal Barman vs The State Of Tripura on 17 June, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
A_G_A_R_T_A_L_A
Crl. A(J) No. 21 of 2024
Sri Sajal Barman
.....Appellant
-V E R S U S-
The State of Tripura
..... Respondent.
B_E_F_O_R_E
HON'BLE JUSTICE DR. T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
For Appellant(s) : Mr. N. Majumder, Advocate.
For Respondent(s) : Mr. R. Datta, P.P.
Date of hearing and
delivery of judgment and order : 17.06.2025
Whether fit for reporting : NO
JUDGMENT & ORDER[ORAL]
[T. Amarnath Goud, J]
Heard Mr. N. Majumder, learned counsel appearing for the
appellant also heard Mr. R. Datta, learned P.P. appearing for the respondent-
State.
[2] This present appeal has been filed under Section-374(2) of the
code of Criminal Procedure, 1973 against the impugned judgment of
conviction and sentence dated 11.10.2023 passed by the learned Special
Judge (POCSO), Sessions Judge, West Tripura District, Agartala, in
connection with case No. Special (POCSO) 34 of 2020, whereby and
whereunder, the learned Special Judge convicted the appellant on
11.10.2023 for offences punishable under Sections-366/376(DB)/506 of
Indian Penal Code and under Section-6 of the POCSO Act and on the same
day i.e. on 11.10.2023 sentenced the appellant to suffer imprisonment for
life and imposed fine of Rs.30,000/- and in default, shall suffer simple
imprisonment for further period of 6 months for the offence punishable
under Section-376(DB) of the IPC and rigorous imprisonment for three
years and fine of Rs.2,000/- and further, in default, the appellant shall suffer
SI for further one month for the offence punishable under Section-366 of the
IPC and SI for six months for offence punishable under Section-506 of the
IPC. All the sentences of imprisonment for life shall run concurrently.
[3] The facts in brief are that the appellant faced the trial for
allegedly committing offences punishable under Section-366/376(DB)/506
of IPC and under Section-6 of the POCSO Act and after conclusion of the
trial there of, the learned Court below has convicted the appellant on
11.10.2023 and sentenced him to suffer for life. Challenging the aforesaid
impugned judgment of conviction and sentence, the appellant has preferred
the present appeal. The appellant also filed an interlocutory application
against the order of conviction for placing additional evidence on record
regarding the juvenility of the convict on the date of occurrence. On the date
of occurrence the appellant was minor. But the full trial was held before the
learned Court below.
[4] Having heard the learned counsel appearing for the parties and
gone through the material evidence on record, the learned Court below has
observed as under:
"12. Accordingly, both the accused persons namely Krishna Saha and Sajal
Barman stand convicted for the offences punishable under Section-
366/376(DB)/506 of the IPC and Section-6 of the POCSO Act.
As the sections prescribe imprisonment up-to life, the benefit of the Probation
of Offenders Act cannot be extended to the convicts.
Convicts are taken into custody."
[5] In view of above and having heard the learned counsel
appearing for the parties and the information regarding the claim of
juvenility of convict the appellant placed at the time of hearing wherein, it
has been stated that he was juvenile at the time of occurrence of offence. On
the basis of his statement the school certificate of the above convict
appellant was collected which was also verified by the issuing authority. As
such, the appeal stands disposed of by setting aside the judgment and order
of conviction and sentenced passed by the learned Court below to the
limited purpose by way of remanding back the matter for examination about
the status of the accused person whether the appellant is juvenile or not. The
learned Court below shall deal with the matter in accordance with law.
However, it is made clear that with regard to the evidence already recorded
and the exhibits marked can be relied by the concerned
Court/authority/forum while deciding the case. It is further made clear that
the parties are also at liberty to place any other relevant evidence/documents
in support of the case and the same may be considered, in accordance with
law.
[6] In the result, the appeal stands disposed by setting aside the
judgment and order of conviction and sentence for the limited purpose.
However, it does not mean that the convict appellant is acquitted from the
charge leveled against him. The learned Court below shall adjudicate the
matter as per law with regard to the juvenility of the accused appellant and
thereafter, to decide the forum which would conduct the trial of the matter
and pass necessary order for fresh detention of the appellant to the
appropriate place and also to deliver a fresh judgment accordingly. It is
made clear that the criminal case to be decided by the competent
Court/authority/forum in accordance with law.
[7] As a sequel, miscellaneous applications pending, if any, shall
stand closed. Send down the LCRs forthwith.
B. PALIT, J T. AMARNATH GOUD, J
A.Ghosh
ANJAN GHOSH Digitally signed by ANJAN GHOSH
Date: 2025.06.25 13:46:58 +05'30'
