SARIYAT SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against a judgment and order of conviction against the appellant, sentencing the appellant to rigorous imprisonment for five years for an offence punishable under Section 8 of the Protection of Children from Sexual Assault Act, 2012 (hereinafter referred to as 'the POCSO Act ') as well as to pay fine of Rs. 5,000/-(five thousand), in default of payment, rigorous imprisonment (R.I.) for six months more.

(2.) The initial charges levelled against the appellant included Section 376 of the Indian Penal Code (I.P.C.) and the Section 4 of the POCSO Act. However, the conviction was ultimately on the ground of the offence of sexual assault, punishable under Section 8 of the POCSO Act. Since the appellant was held not guilty in respect of Section 376(2)(i) of the I.P.C. or Section 4 of the POCSO Act, the Additional District and Sessions Judge acted beyond jurisdiction in convicting the appellant under Section 8 of the POCSO Act, without affording any opportunity to the appellant to meet such case.

(3.) That apart, it is argued that there is patent contradiction between the deposition of the victim, as PW-1, as borne out by her statement under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and the evidence of all the other witnesses for the prosecution, as far as the place of occurrence is concerned, which vitiates the credibility of the allegations.