PABAN KUMAR TARAFDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against a judgment and order of conviction against the appellant under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act'), whereby the appellant was sentenced to imprisonment for three years and a fine of Rupees Ten Thousand (Rs.10,000/-), in default of payment, rigorous imprisonment (R.I.) for three months more.

(2.) Learned counsel for the appellant argues that there were several discrepancies in the prosecution case. Whereas Mamata Saha, the mother of the alleged victim stated in her complaint lodged with the police that the victim went to the house of the accused with one Unnati Tarafdar at 7:30 p.m., she stated in her statement recorded under Sec. 164 of the Code of Criminal Procedure (Cr.P.C.) that the victim went with Mala Saha, which she corroborated in her deposition.

(3.) On the other hand, the victim was silent about such incident in her statement under Sec. 164, Cr.P.C. but deposed in evidence that she had gone with Pritanshu Tarafdar to the house of the accused.