MIHIR GORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is filed against the judgment dtd. 31/1/2015 passed by the Additional Sessions Judge, 2nd Court, Purulia cum the Special Judge under P.O.C.S.O Act, 2012 whereby the accused of the trial Ashok Gorai was acquitted of the charges leveled against him under Sec. 457/354 of the Indian Penal Code read with sec. 12 of the P.O.C.S.O Act.

(2.) The present appellant being the de-facto complainant and the father of the victim, lodged a written complaint against the said Ashok Gorai alleging that on 22/03/2013 at about 11 p.m. he trespassed into his house, forcibly broken the door of the room where the victim was sleeping and outraged her modesty. The wife of the appellant resisted but when she could not do anything she called the local people and confined the said Ashok Gorai inside a room.

(3.) The written complaint was registered as Purulia (M) P.S. Case No. 59 of 2013 dtd. 23/03/2013. On completion of investigation charge sheet was filed. Charges were framed under Sec. 457/354 of the Indian Penal Code along with sec. 8 of the P.O.C.S.O Act 2012. The said Ashok Gorai pleaded not guilty as a result of which he was tried. In trial, seven witnesses were examined including the victim girl and her parents.