CHANDAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 1/9/2022 and 2/9/2022 passed by the learned Additional Sessions Judge, 2 nd Court, Chinsurah, Hooghly in Sessions Trial (SPL) No. 24/19 arising out of Sessions Case (SPL) No. 29/18 wherein the learned Trial Court was pleased to convict the appellant under Ss. 341/354/354B of the Indian Penal Code and Sec. 8 of the Protection of Children from Sexual Offences Act and sentenced him to suffer as follows:

(2.) Mogra P.S. case no. 245/18 dtd. 5/9/2018 was registered for investigation under Sec. 341/354/354B of the Indian Penal Code and Sec. 8 of the POCSO Act on the basis of a letter of complaint by one 'Y' addressed to the Officer-in-charge of the said Police Station. It was alleged that elder daughter of 'Y' namely 'X' (aged about 12 years) went to a shop for purchasing cake and other food stuffs along with her younger sister. 'X' came across accused Chandan Das (Shibu), who provoked her to lie on bed with him. He compelled her to be naked and touched on sensitive parts of her body by removing her clothes/dress. Such incident took place at about 05.00 pm on 5/9/2018. 'X' revealed such humiliating act to her and also to her grandmother. Victim expressed to 'Y' (mother) that she was feeling pain at her breast which she subsequently informed to her husband and neighbours, who became aware regarding such untoward incident. She therefore, requested to take action against Chandan Das (Shibu).

(3.) On such complaint, investigation commenced and on conclusion of investigation charge-sheet was submitted on or about 30/10/2018 under Sec. 341/354/354B of the Indian Penal Code read with Sec. 8 of POCSO Act against Chandan Das alias Shibu. After supply of copies the learned trial Court was pleased to frame charges against the sole accused under the same Ss. . The contents of the charge were read over to the accused person to which he pleaded not guilty and claimed to be tried.