SUKUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was put on trial on a charge under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012, found guilty and sentenced to suffer rigorous imprisonment for 20 years by the impugned judgement of conviction dated January 25, 2021 and the order of sentence dated January 26, 2021 passed by the learned Additional Sessions Judge, First Court, Sealdah, South 24 Parganas in Special Trial No. 07 (12) 2020 arising out of Special Case No. 51 of 2020.

(2.) A victim lodged a complaint with the police on December 2, 2020 complaining that, the appellant lived in the adjacent lane. The victim called him maternal uncle. The appellant used to call the victim to the house of the appellant within a gap of a few days. The appellant used to take the victim to the first floor room. After taking him there, the appellant used to take off the pant of the victim. The appellant used to take off his own trouser also. Then the appellant used to pierce his penis into the anus of the victim. The appellant used to touch the penis of the victim and suck it with his mouth. Further, the appellant used to make the victim hold the penis of the appellant and to take the same into his mouth. The victim felt pain. The appellant used to put on music on high volume so that no one could hear the shouting of the victim. The appellant occasionally used to feed the victim with roll and chowmein. The appellant took the victim at about 5:30 PM in the afternoon on December 2, 2020 to the first floor room and tried to do the same. At that time, the local residents reached there. Thereafter, the victim came to the police station.

(3.) On the basis of such complaint, the police investigated the case and submitted a charge sheet on December 17, 2020 under Sec. 6/12 of the Act of 2012. The Court framed charges against the appellant on December 21, 2020 for the offences punishable under Sec. 377 of the Indian Penal Code, 1860 and Sec. 6 of the Act of 2012. The appellant pleaded not guilty and claimed to be tried.