RAJ KUMAR RAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred challenging the judgment and order dtd. 27/2/2018 passed by the learned Additional District and Sessions Judge, First Court, Sealdah, South 24 Parganas in Special Case no. 31 of 2017, wherein the learned Trial Court was pleased to convict the appellant under Sec. 10 of the Protection of Children from sexual Offences Act, 2012 and sentenced him to suffer imprisonment for five years and also to pay a fine of Rs.30,000.00, out of which 90% amount was to be paid to the victim as compensation under Sec. 357 of the Code of Criminal Procedure, and in default of payment he would have to undergo Rigorous Imprisonment for six months more.

(2.) The initiation of the case relate to a written complaint under Sec. 8 of the POCSO Act, 2012 registered against the appellant vide Entally PS case no. 327 dtd. 6/7/2017.

(3.) The allegations in the written complaint were to the effect that the de facto complainant's daughter, aged about 3 years 10 months was sexually assaulted by the appellant on 5/7/2017 at the bathroom of Mahabir Institute of Education and Research situated at 17/1 Canal Street, wherein the appellant with his hand touched the vagina, for which the instant case was registered.