SITARAM DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the order of conviction and sentence. Learned Additional District & Session Judge, 2nd Court, Tamluk Purba Midinipur in Sessions Trial No. 04(03)2015 arising out of Sessions Case No. 02(01)2015 convicted the appellant under Sections 376(2)(i) of the Indian Penal Code, read with Section 6 of POCSO Act and sentenced him to suffer ten years rigorous imprisonment with fine of Rs.10,000/-(ten thousand) in default S.I for another 2 1/2 (two and half) years under Section 376(2) of Indian Penal Code, being of higher magnitude compared to offence under Section 6 of the POCSO Act, though established in this case.

(2.) Facts established during trial may be mentioned as follows for perfectly addressing the issues raised in this appeal.

(3.) A 7 (seven) year old girl pursuing study in class II of a primary school and addressing accused/appellant, as Dadu, a 55 (fifty five) year old man, suffered aggravated penetrative sexual assault by such accused/appellant. The victim girl, while playing on 14.11.2014 at 11.30 AM in front of her house, was taken away by accused/appellant (a van rickshaw puller) on the pretext of visiting nearby, and thus allured her to ride on his van rickshaw. Ultimately she was taken to a nearby bush, when accused/appellant committed physical violation upon victim leaving biting mark on her cheek. The victim girl returned home crying after the incident, and narrated everything to her mother. Police intervened into the matter after receipt of a complaint from mother/complainant, put up the victim for her medical examination. Statement of victim was recorded under Section 164 Cr.P.C.. Ultimately police submitted charge sheet against the accused person under Section 376(2)(i) of I.P.C read with Section 6 of the POCSO Act.