NARATTAM BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 1/4/2022 and 2/4/2022 passed by the learned Additional Sessions Judge (POCSO Act), Islampur, Uttar Dinajpur in Sessions Trial No. 33/2019 arising out of POCSO Case No. 05 of 2019 wherein the appellant was convicted for the offence punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer Rigorous Imprisonment for six years and pay fine of Rs.1,00,000.00 in default to suffer further Simple Imprisonment for 6 months.

(2.) The genesis of the case relates to a complaint lodged by one 'Y' with the Officer-in-charge, Chakulia Police Station, Uttar Dinajpur pursuant to which Chakulia PS Case No. 64/2019 dtd. 16/2/2019 was registered for investigation under Sec. 8/9(m) of the Protection of Children from Sexual Offences Act, 2012. The allegations made in the complaint were to the effect that the daughter of 'Y' namely, 'X' was aged about 9 years and was studying at Class III. She used to take tuition from the appellant at his house. For a considerable period of time the appellant/accused started touching her daughter with bad intentions. Being afraid her daughter did not inform at home. On 9/1/2019 at around 7.30 in the morning her daughter went for tuition and accused in order to quench his sexual thirst touched the private parts and breast of her daughter and physically tortured her. At this her daughter felt severe pain and feeling ill she returned home weeping. When the complainant asked her, she informed regarding the aforesaid incident. It has been alleged that the accused had been oppressing her daughter since long for which she got mentally disturbed and as such there was delay in informing to the police station. She prayed for taking action against the accused.

(3.) The investigating agency on receipt of such complaint and after registration of the case proceeded with the investigation and after completion of the same filed charge-sheet being no. 107/2019 dtd. 4/4/2019 under Sec. 8/10 of the POCSO Act against the accused. The learned Court on receipt of charge-sheet was pleased to take cognizance of the offence on 4/4/2019 and after supply of the documents on which the prosecution proposed to rely was pleased to frame charge on 10/4/2019 under Sec. 8/9(m) of the POCSO Act. The said charge was read over and explained to the accused person to which he pleaded not guilty and claimed to be tried. It would be pertinent to state that subsequently on 11/3/2022 charge was altered under Sec. 10 of the POCSO Act and the contents of charge were again read over and explained to the accused to which he pleaded not guilty and claimed to be tried.