STATE OF WEST BENGAL Vs. PRANAB ROY

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 18/4/2018 and 19/4/2018 passed by learned Additional District and Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial No. 5(7)15 arising out of Sessions Case no. 434(Nov.)14 convicting the appellant for commission of offences punishable under Sec. 376A/302 IPC and sec. 14(1) of Child Labour (Protection) Act [sic Child Labour (Prohibition and Regulation) Act, 1986 (for short, 'Act of 1986 ')] and sentencing him to death subject to the confirmation by this Court.

(2.) The appeal and the Death reference have been heard analogously and have been disposed of by this judgment and order.

(3.) Victim was a 12-year old girl. One month prior to the incident she was employed in the house of the appellant as a full time domestic help. On 23/5/2012 at about 1:00 pm her father P.W. 1 got information the victim had been admitted at Tamluk District Hospital. He rushed to the hospital and saw his daughter writhing in pain. She was unable to speak but pointed to her chest. Appellant was present at the spot. He disclosed the victim had consumed poison. He also assured P.W. 1 and his wife that she was stable and if necessary would be shifted to Calcutta for better treatment. Unfortunately, the victim died.