DIPAK MAJHI @ SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Special Court at Purulia under Sec. 366 of the Indian Penal Code and Sec. 4 of the POCSO Act thereby sentencing the appellant to suffer simple imprisonment for a period of 7 years and also to pay fine of Rs.5,000.00 in default, simple imprisonment for one month more in the commission of offence under Sec. 4 of the POCSO Act and further sentence to suffer simple imprisonment for 3 years with fine of Rs.500.00 in default, simple imprisonment for one month more for the commission of offence under Section 366 of the Indian Penal Code.

(2.) In the year 2014, on the date of Panchayat election, the victim girl who was stated to be aged about 14 years old was dragged by the accused/appellant inside a bush and was subjected to aggravated penetrative sexual assault at about 12 noon.

(3.) As per the written complaint submitted to Officer-in-Charge of Kotshila Police Station in the district of Purulia, the victim girl was alone in her house on 7th May, 2014. All her family members except her younger brother went to voting center to cast their votes in Panchayat Election. The younger brother of the victim also went away from the house. In order to relieve herself from scorching heat, the victim girl was standing under a mango tree situated in front of their house. It is further alleged in the written complaint that at that point of time, the accused appeared at that place, dragged her to a place near the riverbed and committed penetrative sexual assault upon her. He also took some obscene photographs of the girl at the time of occurrence. The accused threatened her saying that if she tried to disclose the incident to anybody, the accused would forward the obscene pictures of the victim girl to others. He also assaulted her when the victim girl tried to resist her.