ZAKIRUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement and order of conviction dated September 5, 2019 and the order of sentence dated September 6, 2019 passed by the learned Additional Sessions Judge cum Judge, Special Court (POCSO) Act, Alipore, South 24 Parganas in Special S T No. 12(11) 16 arising out of Special Case No. 45/2016.

(2.) By the impugned judgement and order of conviction dated September 5, 2019, the appellant has been found guilty of committing offence punishable under Sec. 376 (2) (i)/ 506 of the Indian Penal Code, 1860 and Sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. By the impugned order of sentence, the appellant has been sentenced to suffer rigorous imprisonment of fifteen years and to pay fine of Rs.20,000.00 and in default to suffer rigorous imprisonment of one year more. Under Sec. 6 of the POCSO Act, 2012, the appellant has been sentenced to suffer rigorous imprisonment of five years and pay fine of Rs.10,000.00 and in default to suffer rigorous imprisonment of six months more for the offence under Sec. 506 of the Indian Penal Code. The sentences have been directed to run concurrently.

(3.) No separate sentence has been passed against the appellant for committing offence punishable under Sec. 376(2)(i) of the Indian Penal Code in terms of Sec. 42 of the POCSO Act, 2012. 50 per cent of the amount of fine, if realized, has been directed to be paid to the victim child. In addition thereto, an amount of Rs.3,00,000.00 has been directed to be paid to the victim under the West Bengal Victim Compensation Scheme, 2017.