ALAM ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated November 30, 2018 and the order of sentence dated November 30, 2018 passed by the learned Special Judge, 2nd Court, Malda in POCSO Case No. 58 of 2018/Sessions Trial No. 90 of 2018 convicting the appellant under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 read with Sec. 376 (2) (i) of the Indian Penal Code, 1860 and sentencing the appellant to suffer rigorous imprisonment for 10 years with fine of Rs.10,000.00 and in default, for a rigorous imprisonment for 1 year.

(2.) The case of the prosecution before the trial court is that, the appellant on April 14, 2018 at about 8 A.M had committed rape upon the victim and also committed offence of aggravated penetrative sexual assault against the victim.

(3.) The mother of the victim had lodged a police complaint with the English Bazar Woman Police Station which was registered as Case No. 63/2018 dated April 14, 2018. After the complaint had been investigated, the charge sheet bearing No. 82/2018 dated May 5, 2018 under sec. 6 of the Act of 2012 had been filed as against the appellant. Charges under Sec. 376 (2) (i) of the Indian Penal Code, 1860 and under Sec. 6 of the Act of 2012 had been framed against the appellant. The appellant had claimed to be tried on the plea of not being guilty. At the trial, the prosecution had examined 9 witnesses. The prosecution had tendered 10 documents which were marked as exhibits at the trial. The appellant had been examined under Sec. 313 of the Criminal Procedure Code where he claimed to be innocent. He had however stated that he would not adduce any evidence.