MD. MUSTAKIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 10/12/2019 passed by the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, 2012, First Court, Sealdah, South 24 Parganas in connection with Special Case No.4(11) of 2019 wherein the learned trial court was pleased to convict the appellant under Sec. 10 of the POCSO Act and sentenced him to suffer imprisonment for five years and to pay fine of Rs.50,000.00, in default rigorous imprisonment for six months more.

(2.) Ultadanga Women Police Station Case No.12 dtd. 15/10/2019 was registered for investigation under Ss. 8 and 12 of the POCSO Act, 2012. The fact of the case as is reflected from the formal FIR which was registered on the basis of complaint of 'Y' father of the victim girl aged about 7 years were to the effect that on 15/10/2019 at about 3.30 hrs. on the bank of canal near Jhupri, 14, Canal West Road, Kol-09 P.S. Narkeldanga the accused Mustakin with sexual intent touched the vagina of the minor girl 'X' and made the child exhibit his private parts.

(3.) On the basis of the aforesaid complaint, investigation commenced and on conclusion of investigation charge-sheet was submitted before the jurisdictional special court under Sec. 8/12 of the POCSO Act. Learned trial court after supply of the papers on which the prosecution intended to rely framed charges as follows: "Firstly, That you on 15/10/2019 at about 3.30 hours near a khaldhar under Ultadanga PS committed aggravated sexual assault upon the minor victim and thereby committed an offence punishable u/sec.10 of POCSO Act and within the cognizance of this Court."