BHARAT CHETTRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 6th March, 2017, passed by the learned Additional Sessions Judge, 2nd Court, cum Special Court Darjeeling under Protection of Children from Sexual Offences Act in Special Case No.32 of 2014 Sessions Trial No. 60(8)/16 arising out of Sadar Police Station Case No.153 dated 18.11.2014, whereby the appellant was convicted for the charge under Section 8 of the POCSO Act and sentenced to suffer Rigorous Imprisonment for five years and also to pay fine of Rs.10,000/-, in default to suffer R.I. for six months and with further direction that 50% of the fine should be paid to the victim girl, inter alia, on the ground that the learned Additional Sessions Judge acting as a Special Judge under POCSO has committed in error holding the appellant guilt of the said charge inasmuch as there are serious lacuna and inconsistency in the evidence on record which makes the prosecution case doubtful.

(2.) Precisely the facts leading to the instant appeal is that the complainant Avilasha Thapa lodged a complaint before Sadar P.S., Darjeeling on 18.11.14 to the effect that accused on 15th November 2014 called her in her cell phone at 12.30 P.M. to send the victim girl to the A1 Coaching Classes and sent her for tuition. When the victim girl came back home at 6.00 P.M. she saw her hysterically crying and found marks on her cheeks and when the complainant asked how it happened she answered that the accused had inappropriately touched her. During the class other children who attended the said class were sent outside the said building to play and the accused tried to come close to her and touched her chest and forcefully kissed her and ran his hand all over her body touching her thigh and chest and also locked the door when the victim girl started crying but the accused tried to console her and insisted her to stay in the class but again let her open the door and she went outside and told her friend Bunu who studies in the same tuition class. Bunu also confessed about similar instances, the accused had molested her and shown dirty videos in his computer. Moreover, the victim girl met Sunila Miss and complained to her but she did nothing.

(3.) On the complaint of Avilasha Thapa the aunt of the victim girl Darjeeling Sadar P.S. Case No.153/14 dated 18.11.2014 under Section 8 of the Protection of Children from Sexual Offences Act, 2012 was started against the accused-appellant and on usual investigation, I.O. submitted charge-sheet against him.