DILIP SAHOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure assailing the judgment and order of conviction and sentence dated 17th February, 2014 and 18th February, 2014 respectively passed by the learned Sessions Judge, Purba Medinipur in Sessions Case No.394/December/2012 corresponding to Sessions Trial No.32/July/2013 thereby convicting the appellant for the offence under Sections 363/366A/496/376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/-, in default, to suffer simple imprisonment for six months for the offence under Sections 363/366A/496/376 of the Indian Penal Code and Sec. 4 of the POCSO Act.

(2.) Khejuri P.S. Case No.51 of 2013 was registered on the basis of a written complaint filed by one Kanailal Das on 7th March, 2013 alleging, inter alia, that the appellant herein used to induce the minor daughter of the de facto complainant for some days prior to 10th February, 2013. On that date, the appellant eloped her from the 'morum ' road situated on the eastern side of the house of the complainant. On 7th March, 2013 the daughter of the de facto complainant returned her paternal home. She told her father that the appellant married to her and used to reside in a rented home as husband and wife. During their stay the appellant committed sexual intercourse with the minor daughter of the de facto complainant. When the appellant brought her to his house, she found that the appellant had already married having his first wife and a child. Then she returned to her paternal home and narrated the incident to her father.

(3.) Police took up the case for investigation and on completion of investigation submitted charge sheet under Sec. 363/366/376/494 of the Indian Penal Code against the accused. Since the offence charged is exclusively triable by the Court of Sessions, the case was committed to the learned Sessions Judge who herself took up the trial of the case.