ANIMESH BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal assailing the judgement and order dtd. 7/5/2022 passed by Learned Additional Sessions Judge, 2nd Court cum Special Court under POCSO Act, Krishnanagar, Nadia in connection with POCSO Case No. 105 of 20, whereby Learned Judge, found the appellant/accused guilty of committing offence under Sec. 10 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as POCSO Act) and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.5000.00 in default of payment to suffer further simple imprisonment for six months.

(2.) Factual matrix of the case is that on 28/2/2020 at about 10.00 a.m. appellant/accused laid the victim, a student of class 3, on the floor of the school and forcibly committed rape upon her before the class was started. As a result, victim started shouting loudly and accused/ appellant slapped her twice and fled away from this school. After the alleged incident victim was taken to Mira Bazaar Health Center where from she was referred to Krishnanagar District Hospital. Her paternal grant father lodged the complaint before officer in charge Kaliganj Police Station, Nadia.

(3.) On receipt of the said written complaint a case was registered as Kaliganj Police Station Case No. 105/20 dtd. 28/2/2020 under Sec. 376AB read with Sec. 6 of the POCSO Act. One Mr. Arijit Mohan Roy, then Sub Inspector of Police, took up investigation of this case. He visited place of occurrence prepared rough sketch map, examined victim and her grandfather, complainant and other witnesses and recorded statement under Sec. 161 of the Code of Criminal procedure (hereinafter referred to as CrPC). Victim also gave statement under Sec. 164 of the CrPC and also attended test identification parade. Wearing apparels of victim, birth certificate of victim and medical report were seized by the Investigating Officer. After completion of investigation charge sheet was submitted and cognizance was taken.