JAKIR HOSAIN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment of conviction dated 12.01.2017 and order of sentence dated 13.01.2017 passed by the Additional District and Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No. XI(VIII) of 2016 corresponding to Sessions Case no. 18(06) of 2016 (Special) arising out of Dhantala Police Station case no. 179 of 2016 dated 25.06.2016 under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to "POCSO Act") has been challenged by the appellant who is suffering sentence for 3 years and 7 months approximately for the offence charged under Section 10 of the POCSO Act, whereunder the appellant was sentenced to undergo imprisonment for 5 years and to pay fine of Rs.10,000/-, in default to undergo rigorous imprisonment of 6 months more.

(2.) The appellant was placed on trial before the Trial Judge to answer the charges for the offence under Section 6 of the POCSO Act.

(3.) The brief facts leading to this appeal is that on 20.06.2016, the victim girl; is daughter of the complainant who told her mother that the appellant/accused had touched the private part of the victim girl. On 23.06.2016 at about 3 p.m. when the victim girl returned home, she disclosed to her mother that the appellant had once again touched her private part when she had gone to take private tuition.