DEBU MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the appellant who has already undergone four years of sentence has assailed the judgment and order of conviction dated 2nd May, 2016 and sentence dated 3rd May, 2016 passed by the Additional District and Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No. 11(III) of 2016 arising out of Sessions Case No. 02(02) of 2016 (Special) convicting the appellant under Section 10 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the 'POCSO Act') and sentencing him for five years rigorous imprisonment and to pay fine of Rs.10,000/-(Rupees ten thousand only) with default clause.

(2.) The appellant was placed on trial to the offence charged under Section 376 of the Indian Penal Code alternatively for the offence punishable under Section 6 of the POCSO Act.

(3.) At the outset, the learned advocate for the appellant submits that the learned judge has relied on the weak evidence based on surmise and conjecture inasmuch as the defence case led by the appellant after his examination under Section 313 of the Cr.P.C. were not taken into consideration which resulted in failure of justice.