(1.) This appeal and reference arise out of a common judgment of the Special Judge (POCSO), North Tripura, Dharmanagar dated 19th/21st August, 2019 by which the learned Judge convicted the accused for the offences punishable under Sections 302 and 376 AB of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred to as the 'POCSO Act', for short). For offence under Section 376AB of IPC, accused was sentenced to life imprisonment. A fine of Rs.50,000/- also imposed. For offence under Section 4 of POCSO Act, similar sentences of life imprisonment and fine of Rs.50,000/- have been imposed. For offence under Section 302 of IPC, the learned Judge awarded death penalty. The conviction and sentence are challenged by the accused. In view of the capital punishment, reference for confirmation of death penalty is also placed for our consideration.
(2.) Briefly stated the prosecution version was that one girl aged about 6 and half years (hereinafter to be referred to as the 'victim') the daughter of the complainant Shibcharan Tanti, was playing with the neighbour's children watching TV together on 24th September, 2018 when the accused-Sanjoy Tanti called her out under the pretext that the door of her house was open. The girl did not return thereafter. In the evening, the complainant returned home and found that his daughter was missing. He lodged a missing person's report. A couple of days later, the dead body of the girl was found in a highly decomposed state from an isolated spot. The post-mortem suggested multiple ante-mortem injuries which had caused the death. According to the prosecution, the accused-Sanjoy Tanti had first taken away the girl to an isolated spot, where he raped her before killing her.
(3.) An FIR(Exhibit-12) was lodged by the father of the victim girl before the concerned Police Station on 27th September, 2018 in which he had stated that at about 7.00 o'clock in the morning on 24th September, 2018 after having morning meal with her daughter he had gone out for work leaving her in the house of the neighbour Jiban Prakash Panika. He returned home later in the day. When he went to the house of the Jiban Prakash and called out her daughter, the son and daughter of Jiban Prakash told him that at about 3.30 in the afternoon accused-Sanju had called his daughter and taken her away from the house of Jiban Prakash where she was watching television. He searched for the daughter but could not find her. After the search failed, on 26th September, 2019 he lodged a missing person's report with the Police. On 27th September 2018, at about 12.30 in the afternoon the dead body of his daughter was found from the forest near the edge of a pond.
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