BHEMA SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment and order of conviction for committing an offence under Section 10 of the Protection of Children against Sexual Offences Act (hereinafter described as the POCSO Act) and sentence to suffer imprisonment for five years with fine of Rs.1,000/- and default clause passed in Sessions Trial No.06(06) 2018, corresponding to C. Special No.16 of 2018 is assailed in the instant appeal by the convict/appellant.

(2.) One Taherun Bibi lodged a written complaint on 13th April, 2018 stating inter alia that her minor daughter aged about 7 years at the relevant point of time went to graze her all goats beside 'Notenala' situated at the Western side of their village on 9th April, 2018. At about 2 p.m. the appellant found the minor daughter of the de facto complainant alone in the field and forcibly embraced her. Then he opened her pant and put his finger into her vagina to irritate her. Thereafter, the appellant lay her down on the field and forcibly committed rape upon her. She sustained bleeding injury on her person due to such offence. The de facto complainant heard the incident from local people and rushed to the spot and found her daughter in injured condition. The victim narrated the incident to her mother. Immediately she admitted her minor daughter to Kandi Sub-Divisional Hospital. She was discharged from the hospital on 12th April, 2018.

(3.) On the basis of the said written complaint, police registered Kandi Police Station Case No.125 of 2018 dated 13th April, 2018 under Section 376(2)(i) and Sections 4 and 5 of the POCSO Act and took up the case for investigation. The investigation concluded in filing charge-sheet against the accused Bhema Sk.