ROHIT PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for committing offence punishable under Ss. 448/354 of the Indian Penal Code and also under Sec. 8 of the Protection of Children from Sexual Offences Act. The Trial Court passed sentence of rigorous imprisonment for two (02) years and also to pay fine of Rs.10,000.00 only, in default, simple imprisonment for six (6) months for the offence punishable under Sec. 8 of the POCSO Act. The learned Trial Judge also handed down punishment of fine of Rs.500.00 ,in default, to undergo simple imprisonment for one month for the offence punishable under Sec. 448 of the IPC. However, no separate sentence was passed against the appellant for the offence under Sec. 354 of the IPC in view of the punishment under Sec. 8 of the POCSO Act. The appellant has assailed the judgment and order of conviction and sentence in the instant appeal.

(2.) Gangajal Ghati Police Station Case No.33 of 2017 was registered on 31/5/2017 under Sec. 448 of the IPC and Sec. 8 of the POCSO Act. On the basis of a written complaint submitted by one Smt. Japamala Bouri alleging, inter alia, that the accused Rohit Pal came to their house in her absence and found the minor daughter of the de facto complainant who was aged about 13 years on the date of filing of the complaint playing in the house. Suddenly, the accused caught hold of her hand and dragged her inside the house, pushed her and touched her breast and other parts of her body. He also kissed her on her face and thereby outraged her modesty. When the minor daughter of the de facto complainant cried out and struggled to set herself free from the clutches of the accused, Rohit fled away.

(3.) The accused was arrested during investigation of the case. The Investigating Officer examined the available witnesses and recorded their statement under Sec. 161 of the Code of Criminal Procedure. The statement of the victim girl was also recorded under Sec. 164 of the Code of Criminal Procedure. The victim girl and the accused were medically examined and on completion of investigation, the Investigating Officer submitted charge sheet against the accused under Sec. 448 of the IPC and Sec. 8 of the POCSO Act. The case was committed to the Court of the learned Special Judge under POCSO Act, Bankura for trial.