RIKI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgement and order of conviction and sentence dtd. 26/8/2021 passed by the Learned Special Judge, POCSO Court, Sealdah in Special Trial No. 05(12)2020 arising out of Special Case No. 40 of 2020 wherein the learned trial court was pleased to hold the appellant guilty for commission of offence under Sec. 12 of the POCSO Act and Sec. 66E of the Information and Technology Act, 2000(hereinafter referred to as the 'I. T Act') and sentenced him as follows:-

(2.) The present case was initiated on the basis of a complaint lodged by the 'X' (hereinafter referred to as the 'complainant') with the Officer- in-Charge, Beliaghata Police Station on 20/9/2020. On such complaint being received by the Police Station, Beliaghata P. S. Case No. 188 dtd. 20/9/2020 was registered for investigation.

(3.) The allegations made in the letter of complaint were to the effect that the complainant who is aged about 16 years, was residing within the jurisdiction of the said Police Station. On 20/9/2020 at about 7.30 am in the morning she received a phone call from her elder sister Tulika Mistry who represented that her obscene pictures were uploaded and available at her other facebook account. She came to know that her obscene pictures were available at some other facebook account and the same were sent to her by Tulika Mistry through whatsapp. After seeing the pictures, the complainant understood that the said photographs were not uploaded by her and she realized that Riki @ Babai Das with whom she had friendship and for two consecutive days had video chat did the mischief. She alleges that she had shown her breasts in good faith of which screenshots were taken by the accused without her knowledge. The accused created a fake facebook account which was in her name, from the facebook settings it reflected that the fake facebook account was created through the mobile number 6291830256. The fake facebook account had URL number facebook.com/profile.php and ID no.100055564146665. She requested the Police Authorities to take requisite legal steps against the accused and informed that the address of Riki Das is 97, K. G. Bose Sarani, Kolkata -85.