MATIUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 29th November, 2014 and 1st December, 2014 respectively passed by the learned Additional Sessions Judge, 2nd Court at Krishnanagar in Session Trial No.III(VIII) of 2014 corresponding to Sessions Case No.7(12) of 2013 (Spl.). By the impugned judgment of conviction and order of sentence. The appellant was convicted and sentenced to suffer imprisonment for five years and also to pay fine of Rs.5000/- in default imprisonment for a further period of three months for committing offence under Section 8 of the Protection of Children from Sexual Offences Act (hereafter described as POCSO Act for short).

(2.) Kaliganj P.S Case No.572 of 2013 dated 31st August, 2013 was registered under Section 376(2)(I) of the Indian Penal Code (IPC) on the basis of a written complaint submitted by one Ikbal Hossain. The defacto complainant has alleged that on 30th August, 2013 at about 6 pm, a neighbour of the defacto complainant, namely Matiur Rahaman allured his 7 year old daughter to give some chocolate and took her to the back side of his shop. Then the accused committed rape upon her. The daughter of the defacto complainant returned home weeping and reported the matter to the defacto complainant and other relatives and also complained of feeling pain at her vagina. She further told that the appellant committed such act also previously with her for several times.

(3.) Investigation of the above mentioned police case ended in filing charge-sheet under Section 376 of the IPC against the accused.