Suptan Marak vs State Of Tripura on 21 July, 2026

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    Suptan Marak vs State Of Tripura on 21 July, 2026

    Author: Prashant Kumar Mishra

    Bench: Prashant Kumar Mishra

                                                 IN THE SUPREME COURT OF INDIA
                                                CRIMINAL APPELLATE JURISDICTION
    
    
                                          CRIMINAL APPEAL NO.       OF 2026
                                    (Arising out of SLP (Crl.) No. 19059 of 2025)
    
    
                             SUPTAN MARAK                                                               APPELLANT(S)
    
                                                                   VERSUS
    
                             STATE OF TRIPURA                                                           RESPONDENT(S)
    
    
                                                               O R D E R
    

    1. Leave granted.

    2. Under the impugned judgment, the High Court has

    SPONSORED

    affirmed the appellant’s conviction and sentence under

    Section 342 and 323 of the Indian Penal Code, 1860 and

    Section 4 of the Protection of Children from Sexual

    Offences (POCSO) Act, 2012 imposed by the Trial Court vide

    its judgment and sentence dated 13.12.2022.

    3. Having heard the learned counsel for the appellant

    on merits, we are not inclined to interfere with the

    impugned judgment of the High Court, as victim is aged 12

    years and is a partially and mentally retarded girl, and

    she has supported the prosecution and her version has been

    duly corroborated by her mother (PW-2) and her younger

    sister (PW-4). Dr. Helina Debbarma (PW-14) has examined the
    Signature Not Verified
    victim and found that the condition of victim was
    Digitally signed by
    MINI
    Date: 2026.07.23
    11:10:50 IST
    Reason: precarious and she complained of pain in vulva with

    excessive bleeding, repeated vomiting etc.; and the victim

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    was not in a condition to move even; and excessive blood

    was oozing out through vaginal intorious and her hymen was

    freshly torn.

    4. In view of the above evidence, even if the DNA

    profiling of the blood stains found on the victim’s cloths,

    is not found conclusively belonging to the blood of the

    appellant, we are of the considered view that the unshaken

    oral testimony of the POCSO victim duly corroborated by her

    mother and her younger sister, cannot be disbelieved only

    on this ground.

    5. Accordingly, the appellant’s conviction under

    Section 4 of the POCSO Act is maintained.

    6. It is argued that the Trial Court and the High Court

    as well, have not specifically referred to the applicant’s

    conviction under Section 4(2) of the POCSO Act, therefore,

    the maximum sentence of life imprisonment imposed on the

    appellant is not sustainable inasmuch as the appellant will

    have to undergo imprisonment for the remainder of his life

    and he shall never be released from jail.

    7. It is submitted that non-mentioning of sub-Section

    (2) of Section 4 of the POCSO Act, in particular, vitiates

    the sentencing order passed by the Trial Court as well as

    the High Court. It is also submitted that the appellant was

    aged about 33 years at the time of occurrence having no

    antecedents. Hence, there is a possibility of the

    appellant’s reformation and thus, imposition of

    imprisonment for the remainder of the life is not warranted

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    in the facts of the case.

    8. Learned counsel appearing for the respondent-State

    has opposed the submissions. According to him, the

    appellant has been found guilty of commission of offence

    under the POCSO Act concurrently by the Trial Court and the

    High Court, therefore, no leniency should be shown.

    9. Although, we are not convinced with the submission

    made by learned counsel for the petitioner that in the

    absence of specific reference to sub-Section 2 of Section 4

    of the POCSO Act by the Trial Court and the High Court, the

    sentencing part is vitiated, because any reference to

    Section 4 would attract the provisions contained in sub-

    Section (1) and/or sub-Section (2) of Section 4, depending

    upon the facts of the case which attracts any of these sub-

    Sections.

    10. Once it is established that the victim was less than

    sixteen years of age, the only provision with which the

    appellant could have been convicted and sentenced, is sub-

    Section (2) of Section 4 of the POCSO Act. Therefore, non-

    mentioning of particular sub-Sections of Section 4 of the

    POCSO Act, would not render the sentencing part of the

    Trial Court order and affirmed by the High Court, as

    illegal or vitiated.

    11. At the same time, we feel that considering the age

    of the appellant and lack of antecedents, as also for the

    fact that there is no material that his conduct in jail so

    far is not good, the sentence for remainder of the life

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    which is the maximum sentence which can be imposed under

    sub-Section (2) of Section 4, deserves to be reduced to the

    minimum sentence of twenty years which can also be imposed

    under sub-Section (2) of Section 4 of the POCSO Act.

    12. Accordingly, we allow the Criminal Appeal in part

    and reduce the sentence of life imprisonment i.e.

    imprisonment for the remainder of the life to a sentence of

    rigorous imprisonment for twenty years.

    13. Accordingly, while maintaining the conviction of the

    appellant for the offences under Section 4(2) of the POCSO

    Act, we modify/reduce the sentence of life imprisonment

    i.e. for remainder of the life to rigorous imprisonment for

    twenty years.

    14. Pending application(s), if any, shall stand disposed

    of.

    ………………………………………………………J.
    [PRASHANT KUMAR MISHRA]

    ………………………………………………………J.
    [SHREE CHANDRASHEKHAR]

    NEW DELHI;

    July 21, 2026
    
    
    
    
                                        4
    ITEM NO.3                   COURT NO.12                 SECTION II
    
                       S U P R E M E C O U R T O F      I N D I A
                               RECORD OF PROCEEDINGS
    
    

    Petition(s) for Special Leave to Appeal (Crl.) No(s). 19059/2025

    [Arising out of impugned final judgment and order dated 16-07-2024
    in CRLAJ No. 26/2023 passed by the High Court of Tripura at
    Agarthala]

    SUPTAN MARAK Petitioner(s)

    VERSUS

    STATE OF TRIPURA Respondent(s)

    IA No. 289231/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
    JUDGMENT

    Date : 21-07-2026 This matter was called on for hearing today.

    CORAM : HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
    HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

    For Petitioner(s) Ms. Soniya Mathur, Sr. Adv.

    Ms. Kamlakshi Singh Chauhan, Adv.

    Mr. Sanjeev Kumar, Adv.

    Mr. Yudhister Bhardwaj, Adv.

    Ms. Nikita Gill, Adv.

    Ms. Divya Singh Chauhan, Adv.

    Ms. Safeena Khan, Adv.

    Ms. Mansi Sridhar, Adv.

    Ms. Shubhi Bhardwaj, Adv.

    Dr. Lipika Sharma, Adv.

    Ms. Jyoti Sharma, AOR

    For Respondent(s) Mr. Shuvodeep Roy, AOR
    Mr. Deepayan Dutta, Adv.

    Mr. Saurabh Tripathi, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

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    2. The appeal is allowed in part, in terms of the

    Singed Order placed on the file.

    3. Pending application(s), if any, shall stand disposed

    of.

         (MINI)                                      (AKSHAY KUMAR BHORIA)
    COURT MASTER (SH)                                  COURT MASTER (NSH)
    
    
    
    
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