LAWS(CAL)-2020-6-31

ABED ALI BISWAS Vs. STATE OF WEST BENGAL

Decided On June 12, 2020
Abed Ali Biswas Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction dated 19th August, 2015 and order of sentence passed on 20th August, 2019 by the learned Additional District and Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No. 33(iv)of 2015 arising out of Sessions Case no. 5(03)15 (Special) convicting the appellant under Section 376 of the Indian Penal Code and under Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act').

(2.) Prosecution case in brief is that on 18.09.2013 one Rejaul Sekh (PW3) lodged a written complaint with the Officer-in-charge, Chapra Police Station lodging, inter alia, that since three months back from 23rd March, 2015 the appellant took the victim girl (PW1) of 13 years to a bank of river on a ploy to catch fish, committed rape on her and thereby committed penetrative sexual assault on the victim. After receipt of the complaint from grandfather (PW3) of the victim. Chapra PS case no.253/2015 dated 23.03.2015 was registered under Section 376(2)(i)/506 of Indian Penal Code and Section 4 of the POCSO Act. After investigation, the Investigating Agency submitted charge-sheet no.309/2015 on 30.03.2015 under Section 376(2)(i)/506 and Section 4 of the POCSO Act against the appellant. After receipt of such charge-sheet and upon compliance of necessary formalities the case was committed and transferred to the Additional District and Sessions Judge, 2nd Court, Krishnagar, Nadia. Charge under Section 376 of Indian Penal Code and Section 4 of the POCSO Act was framed against the appellant on 10.04.2015. Charges were read over and explained to the appellant, to which he pleaded not guilty and claimed to be tried.

(3.) In order to prove its case prosecution examined 14 witnesses and also relied on some documentary evidence. Defence adduced no oral evidence and pleaded a total denial of the occurrence of the alleged offence and that he was forcefully implicated in the case.