PARTHA HUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment and order of conviction dtd. 22/1/2019, passed by the learned Additional Sessions Judge, 1st Court at Sealdah in Special case no. 48 of 2018, convicting thereby the appellant for commission of an offence punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012, hereafter described as the POCSO Act for short, and sentencing him to suffer imprisonment for five years and to pay fine of Rs.50,000.00 in default to suffer rigorous imprisonment for three months more, is under challenge in the instant appeal.

(2.) On 24/9/2018, one Sahanaz Begum, lodged a written complaint before the Officer-in-Charge of Beniapukur Police Station alleging, inter alia, that she took her minor grand-daughter aged about 8 years who was suffering from piles for medical treatment to the chamber of one homeopath practitioner, namely Dr. Partha Hue, the appellant herein. The appellant medically examined the granddaughter of the de facto complainant and prescribed some medicine. When the patient and the de facto complainant were about to leave the chamber of the doctor, the doctor called the granddaughter of the de facto complainant in his anti-chamber, covered the door with curtain and examined her again. Suddenly, the granddaughter of the de facto complainant cried out and ran away from the doctor's chamber out of fear. The de facto complainant asked her as to why she left the chamber of the doctor in such a manner, the said granddaughter told her that the doctor touched her private part in the name of medical examination. Immediately the de facto complainant called her daughter i.e the mother of the victim girl. Local people also assembled in front of the chamber of the said doctor. Subsequently, the de facto complainant came to the police station and submitted the complaint before the Officer-in-Charge of the jurisdictional police station, on the basis of which Beniapukur PS Case No.339 dtd. 24/9/2018, was registered.

(3.) Investigation of the case culminated in filing charge sheet against the appellant under various penal provisions of the IPC and Sec. 6 of the POCSO Act. The appellant faced trial under the charge of Sec. 376(2)(i) of the IPC and Sec. 6 of the POCSO Act. The trial court on completion of trial convicted the appellant under Sec. 10 of the POCSO Act and sentenced him accordingly. Hence, the instant appeal.