(1.) The present appeal has been preferred against the judgment and order dtd. 29/7/2019/30/7/2019 passed by the learned Special Judge (POCSO), Andaman & Nicobar Island, Port Blair in Special Case No.001 of 14 (arising out of Rangat P.S. Case No. 175/13 dtd. 13/12/2013). By the said judgment the learned trial Court was pleased to convict the appellant under Sec. 8 of the POCSO Act and sentenced him to suffer Rigorous Imprisonment for three (3) years and impose fine of Rs.10,000.00 in default to suffer Rigorous Imprisonment for three (3) months.
(2.) The genesis of the case relate to a First Information Report dtd. 13/12/2013 addressed to the Officer-in-charge, Rangat Police Station by One 'I' residing at Rangat, Ward No.7 (hereinafter referred to as 'the informant'). It was alleged by the informant that she had three daughters who were students of Class VI, Class IV and Class II respectively and studied at Government Model School, Janakpur. The elder daughter 'A' was aged about 12 years and she complained that her teacher Sujit Mazumdar was touching her body and chest. The informant inquired from her daughter as to whether the accused has only touched her or did the same with other children, to this 'A' stated that the accused did the same with 'B', 'C', 'D', 'E', 'F', 'G', 'H' and many other students of Class VI. The informant along with mothers of the other students met the headmaster and complained against the accused who touched the body and chest of the girl students, when the school Principal called the teacher Sujit Mazumdar and interrogated him, when he got angry and as such the informant had no other option but to complain the same to the police station, as in future she apprehends the same mistake would be committed by the accused.
(3.) On the basis of the aforesaid complaint Rangat Police Station Case No. 175/13 dtd. 13/12/2013 was registered for investigation and the police authorities after completion of investigation submitted charge-sheet under Sec. 354/354A (1)(i)(ii) of the Indian Penal Code and under Sec. 7/8 of POCSO Act, 2012. The learned Special Court, however, framed charges only under Sec. 8 of the POCSO Act and called upon the prosecution to prove its case. The prosecution in order to prove its case relied upon 23 witnesses and 20 documents which were marked as Exhibits. The witness cited by the prosecution included the informant, girl students/victims, their mothers, headmaster of the School, two doctors, one Judicial Officer who recorded the statement under Sec. 164 of the Code of Criminal Procedure, two police Officers and one head constable associated with Rangat Police Station.