LAWS(CAL)-2022-11-28

RAJA Vs. STATE OF WEST BENGAL

Decided On November 04, 2022
RAJA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 28/6/2019 passed by the Learned Additional District & Sessions Judge, Fast Track 7th Court, Alipore, South 24 Parganas, in Sessions Trial No.120409 arising out of Sessions Case No. 820908 convicting the appellant under Sec. 354 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for two years.

(2.) Jadavpur police station case no. 160 dtd. 23/3/2008 was registered for investigation under Sec. 376(2)(f)/511 of the Indian Penal Code pursuant to a complaint lodged by Saima Alam (hereinafter referred to as the complainant) with the Officer-in-charge, Jadavpur Police Station on 23/3/2008. The complainant namely, Sanchita Bhattacharjee alias Saima Alam in her complaint stated that her daughter aged about 5 years was staying with her grand-mother at her house. One Raja alias Manab Bose used to un-naturally abuse her daughter by touching private parts of her body and threatening her that in case she divulged such incident he would kill her along with her mother. It is further alleged that the accused used to take her daughter to the roof top and assaulted her sexually and physically. The complainant stated that she is an employee of a Call Centre and her husband is engaged in his shop till late night and it is only her grand-mother who stayed there. Taking undue advantage of such situation accused tortured her daughter both physically and sexually with scale (Ruler). Complainant alleged that her daughter felt unusual and on being asked she stated that Raja grandfather used to threaten her by putting her on the wall of the terrace and stated that if she divulged the incident of touching the private parts to anyone she would be thrown away from there. The complainant requested the Officer-in-charge to take action against Raja @ Manab Bose son of late Subhas Chandra Bose of 3/9 WIB (R) Phase IVA Golf Green.

(3.) On the basis of the aforesaid complaint the case was registered at Jadavpur Police Station and the investigating agency on completion of investigation submitted charge-sheet under Sec. 376(2)(f) of the Indian Penal Code. The learned CJM, Alipore on receipt of the charge-sheet was pleased to take cognizance and after compliance of Sec. 207 of the Code of Criminal Procedure was pleased to transfer the case to the learned Sessions Judge and finally the case was made over to the learned Additional District and Sessions Judge, Fast Track 7th Court, Alipore, South 24 Parganas for trial and disposal. The trial Court vide its order dtd. 23/4/2009 on consideration of the material placed by the prosecution and after hearing the case was pleased to frame charges against the accused/appellant under Sec. 376(2)(f) of the Indian Penal Code.