RABI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal challenges the judgement passed by learned Special Judge under POCSO Act, Darjeeling in Special (C) 43 of 2015, whereby learned Trial Court was pleased to convict Rabi Das, the appellant before this Court for committing offence under Sec. 8 of the POCSO Act, 2012 and sentenced him to suffer rigorous imprisonment of three years and to pay fine of Rs.5000.00, in default to suffer imprisonment for six months.

(2.) Fact of the case in short is that on 9/11/2014 Manju Mondal informed the Officer-in-charge of Siliguri Women Police Station in writing that on 8/11/2014 at about 10.00 a.m. Rabi Das, her next door neighbour, came to the house of the father of informant where she has been residing after the demise of her husband with her three daughters. Rabi Das induced her second daughter aged about 8 years with money, put her under fear and established sexual relation with the child by force. Suddenly cousin of the informant entered into the room and saw the incident. Rabi Das somehow fled away. After coming back home the informant was told about the incident and her daughter, the victim child disclosed that for some days, taking advantage of her absence, Rabi Das used to take the child either to his house or to any deserted place or in the house of the de-facto complainant and would ravish her.

(3.) The information since disclosed offence cognizable in nature Siliguri Women P.S. Case No. 136 of 2014 dtd. 9/11/2014 was registered. Police took up investigation which culminated into submission of charge sheet against Rabi Das. The accused person stood the trial by pleading his innocence.