DIGEN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgement and orders of conviction and sentenced under Sec. 6 of the Protection of Children from Sexual Offence Act 2012 passed by the Ld. Special Court, (Additional District Judge 2nd Court) at Malda (Sadar) in Sessions trial no. 164 of 2016 (POCSO Case No 75 of 2016) arising out of English Bazar women PS case no. 114116 dtd. 1/5/2016.

(2.) One Bina Mondal (PW-2) lodged a written complaint on 01/5/2016 before inspector in charge English Bazar Women Police Station, District Malda alleging inter alia that on 01/5/2016 at about 12.00 hours her daughter and son in law going to working filed leaving their minor daughter (victim) alone at home. After returning home they noticed their daughter lying on the bed. On being asked victim revealed that appellant (Digen Mondal) took her to his bed room and made her lying flat on his bed and raped on her. When she tried to make noise appellant pressed her mouth. Thereafter, appellant fled away from his room leaving the victim on his bed alone. Victim then returned to her house.

(3.) On receipt of the complaint English Bazar women PS case no. 114116 was started and endorsed to Sub Inspector of Police Kandara Roy for investigation. Investigating Officer (for short IO) examined complainant (PW-2) and victim girl (PW-1) and also got the victim girl (for short V.G) examined by the doctor attached to Malda Medical College. I.O visited place of occurrence and prepared rough sketch map and examining available witnesses. I.O. Seized bed sheet from the house of the appellant and one coloured panty of the victim from her house by one seizure list. Appellant was arrested. On the prayer of I.O statement of V.G was recorded under Sec. 164 Criminal Procedure Code (for short Cr.P.C) and also got the appellant examined by the doctor. I.O collected birth certificate and school certificate of victim girl. On completion of investigation charge sheet has been filed.