TARAK BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been assailed by the appellant against the judgment and order dtd. 10/7/2018 and 11/7/2018 whereby convicted and sentenced the appellant by Learned Additional Sessions Judge, 2nd Court-cum-Special Court under POCSO Act, 2012 at Barasat, North 24-Parganas, in connection with Sessions Trial No. 03 (12) of 2017 arising out of Computer No. 961 of 2017 to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00, in default, to suffer further imprisonment for 1 year for offence punishable under Ses. 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The complainant being the grand-mother of the victim lodged a complaint against the appellant to the effect that her grand-daughter lives with her since her childhood. On 14/10/2017 at about 7 p.m. in the evening, her sister-in-law told her to enquire about why victim girl was weeping. When she asked her the reason for weeping, she disclosed that in the evening of Laxmi Puja i.e. on 5/10/2017 appellant called her and took her to his own house where no one else was present. Appellant took off her pant and laid her on the bed and slowly penetrated his male organ into her female organ. When she tried to shout, appellant pushed her mouth and after spending some time he told the victim to go home. Having heard all these, she went to appellant's house and asked what he had done with the victim he replied that it was a mistake on his part. He asked for apology and quickly left his house. On her complaint Ashoknagar P.S. Case No. 961/2017 dtd. 14/10/2017 under Ses. 376(2)(i)(g)/506 I.P.C. and 4 POCSO Act was registered against the appellant.

(3.) After completion of investigation, charge sheet was submitted against the Appellant. Accordingly, charge was framed under Ses. 376(2) of the Indian Penal Code and Ses. 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant pleaded not guilty and claimed to be tried.