X Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a 13-year old girl, represented by the Officer-in-Charge/Person-in-Charge, Snehachhaya Child Care Institution. The petitioner is a minor girl and a student of Class-VI, aged about 13 years. She is a survivor of aggravated penetrative sexual assault and sexual exploitation, allegedly by a person around 34 years old.

(2.) The petitioner's parents are migrant labourers who used to stay at Assam for earning livelihood and visit their native place once or twice a year. The petitioner, thus, had to stay alone at home with her younger sister. Needless to say, the petitioner comes from an extremely marginalized Sec. of society, deprived of minimum financial means, care and protection. Taking advantage of the situation, a next-door neighbour perpetrated the criminal act as indicated above on repeated occasions on the petitioner. She could not disclose anything to anyone due to fear of public stigma and retribution by the assailant.

(3.) Subsequently, symptoms of pregnancy became visible and the petitioner was taken to the Digha State General Hospital on August 12, 2023. Thereafter, pursuant to a complaint lodged by the Superintendent, Digha SG Hospital, a First Information Report (FIR) was registered, inter alia under Sec. 376(2)(n) of the Indian Penal Code (IPC) and Ss. 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.