HARTS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated September 17, 2021 and the order of sentence dated September 18, 2021 passed by the learned Additional Sessions Judge cum Judge Special Court under POCSO Act, Krishnanagar, Nadia in Sessions Case No. 15 (03) 2019 Sessions Trial No. II (V) 2019.

(2.) The appellant has been convicted under Sec. 366A of the Indian Penal Code, 1860 and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant has been sentenced to suffer imprisonment for 7 years and to pay a fine of Rs.50,000.00 and in default simple imprisonment for one year for the offence punishable under Sec. 366A of the Indian Penal Code, 1860 and life imprisonment and to pay fine of Rs.1.00 lakh and in default simple imprisonment for 2 years for the offence punishable under Sec. 6 of the Act of 2012.

(3.) At the trial, the case of the prosecution had been that, the appellant abducted and kidnapped the victim who was a minor from the legal guardianship on February 1, 2019 at about 1 PM. The appellant had done so with the intention to illicit intercourse or in order that the victim will be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse and thereby committed the offence punishable under Sec. 366A of the Indian Penal Code, 1860. The appellant had raped the victim and alternatively forcibly committed aggravated penetrative sexual assault on the victim.