CHITTA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant faced conviction under the charge of Sec. 10 of the Protection of Children from Sexual Offences Act (hereafter described as the POCSO Act) and sentenced to suffer rigorous imprisonment for six years with fine of Rs.20,000.00, in default rigorous imprisonment for six months for the aforesaid offence passed in Sessions Trial No.III (X) of 2018 arising out Sessions Case No.7(08) of 2018 passed by the learned Additional Sessions Judge, 2nd Court at Krishnagar, Nadia. In the instant appeal, the convict/appellant has challenged the legality and correctness of the aforesaid judgment and order of conviction and sentence.

(2.) On the basis of a written complaint submitted by one Parimal Biswas alleging, inter alia, that on 18/8/2018, his minor daughter aged about nine years went to the house of his brother Rahul Biswas to defecate as they had no toilet in their house at the relevant point of time. On her way to the house of her uncle, accused Chitta Biswas forcibly took her, behind the latrine situated beside the house of one Manoka @ Mannoda Patwary and pulled down her pant. The accused then opened his pant, touched the breast of the daughter of the defacto complainant and also touched her private part with finger. When he tried to commit rape upon her, the said minor girl cried out attracting local villagers. The villagers apprehended the accused in such condition and manhandled him. Then he was sent to Saktinagar Hospital for medical treatment.

(3.) On the basis of the said complaint police registered Kotawali P.S Case No.374 dtd. 18/8/2018 under Ss. 4/6/8 of the POCSO Act and also under Sec. 376(2)(i) of the IPC.