PRAFULLA KANJILAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment and order of conviction and sentence dated 10th February, 2016 and 15th February, 2016 respectively passed by the learned Additional Sessions Judge, 2nd Court at Krishnagar, Nadia in Sessions Trial No.XIX (IX) 2015 arising out of Sessions Case No.14(05) of 2015 convicting the appellant under Section 8 of the POCSO Act and sentencing him to suffer imprisonment for three years for offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereafter described as the said Act) and also to pay fine of Rs.5000/-, in default rigorous imprisonment for further three months.

(2.) Hashkhali P.S Case No.243 of 2015 dated 29th May, 2015 was registered under Sections 6/8 of the said Act on the basis of the written complaint lodged by one Shyamal Mondal alleging, inter alia, that on 29th May, 2015 at about 12.30 pm his minor girl aged about three years went to the house of the accused to watch television. At that time the accused tried to commit rape upon her. When the said minor girl did not return to her home, her grand-mother had been to the house of the accused person and saw both the accused and the victim in necked condition and the accused was trying to commit rape upon her. Seeing the grand-mother of the victim, the accused fled away pushing her back.

(3.) On completion of investigation charge-sheet was submitted under Section 6 of the said Act before the learned Court below being the special court under Section 33(1) of the said Act.