SRIKANTA DHARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated December 20, 2018 and order of sentence dated December 21, 2018 passed by the learned Judge, Special Court under the Protection of Children from Sexual Offences Act, Serampore, Hooghly in Sessions Trial No. 09/2017 arising out of Special Case (P) No. 19/2017.

(2.) By the impugned judgment of conviction and order of sentence, the appellant and another accused were convicted for the offences punishable under Sec. 376D of the Indian Penal Code and Ss. 6 and 12 of the Protection of Children from Sexual Offences Act, 2012. They were sentenced to rigorous imprisonment for 20 years each and a fine of Rs.50.000 and in default of payment of fine to undergo simple imprisonment for a further period of three months, for the offence punishable under Sec. 376D of the Indian Penal Code as well as of the Sec. 6 of the POCSO Act, 2012. They were also sentenced to rigorous imprisonment for 3 years each and a fine of Rs.10.000 and in default of payment of fine to undergo simple imprisonment for a further period of one month, for the offence punishable under Sec. 12 of the POCSO Act, 2012. Both the sentences were directed to run concurrently.

(3.) The mother of the victim lodged a written complaint on April 26, 2017 with the police stating, inter alia, that the victim was 16 years of age. On April 25, 2017, a Puja was being celebrated throughout the night. The de facto complainant along with her husband and two daughters went to see the Puja. She further stated that in the early morning of April 26, 2017 at about 5 AM, when the Puja was over, her daughter i.e. the victim was talking to her friend at a place which was a little distance away from the temple. In the meantime, the two accused persons came to her daughter and dragged her forcefully into a vacant land i.e. the place of occurrence and committed rape upon her against her will.