KAMRUJJAMAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgement of conviction dated July 2, 2020 and the order of sentence dated July 6, 2020 passed by the Learned Additional Sessions Judge-Cum-Special Judge, Kalna, Purba Burdwan in Sessions No. 47 of 2019 arising out of Sessions (Special) Case No. 17 of 2019 has caused the present Death Reference. By the impugned judgement of conviction dated July 2, 2020 and the order of sentence dated July 6, 2020, the Learned Trial Judge has convicted the appellant under Sec. 448, 376A and 302 of the Indian Penal Code, 1860 and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 and has sentenced the appellant to death.

(2.) The police had sought trial of the appellant on the contention that the appellant committed trespass on May 30, 2019 at about 17:00 hours/ 17:30 hours by entering into the house of the de facto complainant, sexually assaulted and caused injuries to the victim, the minor daughter of the de facto complainant. The police had also claimed that the appellant committed rape upon the minor and while committing such offence the appellant inflicted injury on her which caused her death. The police had also contended that the appellant committed penetrative sexual assault on the minor, caused bodily injury to the sexual organ of the minor and also murdered the minor.

(3.) Charges as against the appellant under Ss. 448/376A/302 of the Indian Penal Code and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 had been framed on September 7, 2019.