BISWAJIT SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the basis of a written complaint lodged by one Purnima Sarkar to the Officer-in-Charge, Nakashipara P.S on 23rd July, 2018, alleging, inter alia, that an accused/appellant being a next door neighbour attracted her minor daughter showing video games from his mobile then he took her to their house when the daughter of the defacto complainant did not return after a long time, she went to the house of the accused to call her she found the door of the room of the accused was closed from inside. She knocked at the door when the accused open the door she found her daughter lying on a cot inside the room. Seeing her mother, her daughter alleged that the victim tried to commit rape upon her. Police register a case under Section 376/511 of the Indian Penal Code read with Section 8 of the POCSO Act against the accused/appellant and took up investigation of the case. The investigation ended in filing of the charge sheet by the Investigating Officer under Section 376/511 of the IPC read with Section 8 of the POCSO Act.

(2.) Since the charge sheet was filed under the provision of the POCSO Act the case was transferred to the learned Judge, Special Court under the said Act

(3.) The appellant duly appeared before the trial court to face trial. Initially charge was framed under Section 376/511 read with Section 8 of the POCSO Act, but subsequently it was altered and charge was also framed under Section 10 of the POCSO Act