BURO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment of conviction and order of sentence dtd. 29/8/2019 and 30/8/2019 passed by the learned Additional Sessions Judge, 2nd Court at Krishnagar, Nadia in Sessions Trial No.IX(I) of 2019 arising out of Sessions Case No.05(09) of 2018 (Special) convicting the appellant under Sec. 10 of the POCSO Act and sentencing him to suffer rigorous imprisonment for 5 years and also to pay fine of Rs.5,000.00 with default clause, is under challenge in the instant appeal.

(2.) The investigation of the above numbered police station case ended with filing of charge sheet against the accused Buro @ Indrajit Debnath. Since the case was exclusively triable by the Special Court under the POCSO Act, it was committed to the Court of the learned Special Judge, POCSO, Krishnagar, Nadia for trial. The learned trial Judge framed charge against the accused/appellant under Sec. 376(3) of the Indian Penal Code and alternatively under Sec. 4 of the POCSO Act. When the contents of the charge was read over and explained to the accused, he pleaded not guilty. Accordingly, trial of the case commenced.

(3.) It appears from the record that prosecution examined as many as 14 witnesses in order to establish the charge against the accused. Some documents were marked paper exhibits.