GOBINDA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 19/6/2017 and 20/6/2017 passed by learned Additional District and Sessions Judge, 2ndCourt, Purba Medinipur in Sessions Trial No. 8(7) of 2015 arising out of Sessions Case No. 21(6)15 convicting the appellant for commission of offence punishable under Sec. 376(2)(i) of the Indian Penal Code and under Sec. 5 of the POCSO Act and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000.00, in default, to suffer imprisonment for six months more and a compensation of Rs.5,000.00 to the minor child.

(2.) Prosecution case as alleged against the appellant is to the effect that on 1/3/2015 at about 04:00 P.M., the appellant allured the minor victim aged around eight years by offering her Rs.10.00 and took her to the bank of Kansai river. There he molested her. After removing her inner garment, he inserted his finger into her vagina. One Swapan Moni (P.W. 9), a neighbour noticed the incident and shouted. Appellant fled away. The minor returned home and revealed the incident to her parents. FIR was registered by her mother (P.W. 2) resulting in registration of Panskura Police Station Case No. 107 of 2015 dtd. 3/3/2015 under Sec. 376(2)(i)/506/323 of the Indian Penal Code and under Sec. 6 of the POCSO Act.

(3.) In the course of investigation, appellant was arrested. Minor child was medically treated. Her statement was recorded under Sec. 164 Cr.P.C.