CHAITANYA BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present challenge is directed against a judgment dated August 1, 2017 and sentence dated August 2, 2017, whereby the appellant was convicted under Sec. 376 of the Indian Penal Code (I.P.C.) as well as under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act'). The sentence given was to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 50,000.00 (Fifty Thousand), in default, to suffer simple imprisonment for one year for the offence punishable under Sec. 4 of the POCSO Act.

(2.) The brief facts of the case are that, the accused/appellant was the private tutor of the victim girl. Allegedly, the accused committed penetrative sexual assault upon the victim girl, purportedly minor at that point of time, on several occasions by dishonestly inducing her to have relation with the accused on the promise of the accused to marry her.

(3.) Learned counsel appearing for the appellant argues that the presumption contemplated under Sec. 29 of the POCSO Act, that the accused has committed the offence, unless the contrary is proved, is not applicable in the present case, since the victim merely was not a minor at the juncture of the alleged offence.