DIGANTAN MUKHERJEE Vs. RAJU ROY

JUDGEMENT

(1.) This is an appeal against an order of acquittal passed by learned Additional Sessions Judge, 2nd Court, Pachim Medinipur, in POCSO Case No. 24 of 2014 R. No. 77 of 2015 arising out of Kotwali P.S. Case No. 420 of 2014 dtd. 15/4/2014 under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 and under Sec. 354 B of the Indian Penal Code, acquitting thereby the accused person holding him not guilty to the charged offences. Leave has duly been granted.

(2.) Briefly stated, on 15/4/2014 Digantan Mukherjee informed the Inspector-in-charge of Kotwali Police Station Medinipur, District Paschim Medinipur in writing that on 15th April he came back to his house from his place of posting and found his wife was crying so was his elder daughter, aged about 7 years, she was visibly scared. Subsequently, he came to know that Sri Raju Roy of his neighbourhood two days ago, lifted his elder daughter bodily (hereinafter referred to as 'victim girl') from the road and took her by the side of a field, disrobed her, licked her genital thereafter, tried to insert his genital organ into the vagina of the victim girl. The victim girl started crying, it was almost a deserted place and after nearly an hour she came back home and told her mother about the pain she was feeling in her genital. The victim girl identified the accused person from afar and told her mother that said Raju Roy was responsible for the pain she was suffering.

(3.) As the incident disclosed offence cognizable in nature Kotwali P.S. Case No. 420 of 2014 dtd. 15/4/2014 was registered under Sec. 376 (2) (I) of the I.P.C. and 5 (M) POCSO Act, 2012. Police took up investigation which culminated into submission of charge sheet against the accused person who stood the trial, pleading his innocence.