ABBAS SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is preferred against the judgment and order of conviction dtd. 13/2/2019 and 14/2/2019 passed by Ld. Additional District and Sessions Judge, Kandi, Murshidabad in Sessions Trial No. 04(08) 2018 arising out of C. Spl. CIS Regn. No. 22/2018 convicting the appellant under Sec. (s) 376(3) of the Indian Penal Code and also under Sec. 6 of the POCSO Act and sentencing him to suffer rigorous imprisonment for life which shall mean imprisonment for the remainder of his natural life and to pay fine of Rs.50000.00 in default to suffer further simple imprisonment for one year for the offence punishable under Sec. 376 (3) of IPC. The appellant was further sentenced to suffer simple imprisonment for life and to pay fine of Rs.50000.00in default to suffer further simple imprisonment for one year for the offence punishable under Sec. 6 of the POCSO Act. The appellant was to suffer higher sentence as provided under Sec. s 376 (3) of IPC read with Sec. 42 of the POCSO Act.

(2.) The prosecution case emanated from a complaint dtd. 8/5/2018 wherein the complainant Jyotsna Begam stated that on 7/5/2018 at about 5 pm. the private tutor of their village namely Abbas Sk. @ Abbas Hossain lured the daughter of her brother-in-law aged about 8 years and forcibly raped her and escaped. The victim sustained bleeding injury. She was thereafter taken to Katwa SD Hospital and admitted therein. Her condition worsened and she was struggling with death. The matter was informed to the local people and the appellant had threatened them for doing so. She further prayed for necessary steps to be taken against the appellant after proper investigation.

(3.) Based on the written complaint Salar P.S case no. 70/18 dtd. 8/5/2018 under Sec. 376 (2)(i) of IPC and under Sec. 4/6 of POCSO Act was instituted against the appellant. A formal FIR was registered against the appellant Abbas Sk. @ Abbas Hossain and the investigation ended in submission of a chargesheet being No. 05 of 2018 dtd. 16/7/2018 under Sec. 372(2)(i) IPC and under Sec. 4/6 of POCSO Act.