MD. ISRAIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement dtd. 16/11/2016 and order dtd. 17/11/2016 passed by Additional District and Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in Sessions trial no. 04(03)15 arising out of POCSO Case No. 43 of 2014, convicting and sentencing the appellant for offence punishable under Sec. 448 of the Indian Penal Code for simple imprisonment for a term of one year and to pay fine of Rs.1000.00 in default to suffer simple imprisonment for two months; for offence punishable under Sec. 506 (part-II) of the Indian Penal Code to suffer simple imprisonment for a term of seven years and pay fine of Rs.5,000.00in default to suffer simple imprisonment for six months; and to suffer rigorous imprisonment for life and to pay fine of Rs.10,000.00 in default to suffer further rigorous imprisonment for six months for offence punishable under Sec. 6 of POCSO Act, 2012.

(2.) The prosecution case in brief is that the appellant used to come to the house of the victim for last 7/8 years and the appellant used to call the victim as "grand-daughter". Taking advantage of the absence of other family members namely brother, father and grand-mother of the victim girl, the appellant trespassed into the house of the victim and forcibly committed rape on her repeatedly on different occasions for the last 6-7 months. On the basis of the aforesaid complaint dtd. 10/6/2014, lodged by the victim herself, Goalpokher PS case no. 292 of 2014 dtd. 10/6/2014 under Sec. 376(2)(i) of IPC and Sec. 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act, 2012 ), was initiated against the appellant.

(3.) Upon completion of investigation police submitted charge-sheet against the appellant under Sec. 376(2)(i) of the Indian Penal Code and Sec. 6 of the POCSO Act, 2012.