PRAFULLA MURA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgement of conviction dtd. 1/12/2021 and order of sentence dtd. 2/12/2021 as passed in ST 8 of 2021 arising out of SC 155 of 2020 by the Learned Additional Sessions Judge, 2 nd Court, Tamluk, Purba Medinipur has been impugned. By the impugned judgement learned trial court found the present appellant guilty of offence under Sec. 6 of POCSO Act and thus sentenced him to suffer R.I for 20 years and also to pay fine of Rs.25,000.00 i.d. to suffer further R.I for six months with a recommendation to pay Rs.3.00 lacs to the victim girl as compensation by the State Government after adjusting the interim compensation of Rs.50,000.00 . The convict felt aggrieved and thus preferred the instant appeal.

(2.) For effective disposal of the instant appeal the facts leading to initiation of the aforesaid trial is required to be dealt with in a nutshell.

(3.) On 29/11/2020 one Shri X (name and other details not disclosed to avoid identity) the father of the alleged victim girl lodged a written complaint with the O/C Tamluk P.S, District Purba Medinipur stating inter alia that on 28/11/2020 a Kali Puja was held at his village where his daughter Ms. Y (name and other details not disclosed to avoid identity) (hereinafter referred to as the 'victim girl ') went to participate along with some of her friends. It has been alleged further in the said written complaint that the present appellant who was then aged about 40 years took the victim to a nearby arum field (Kochu Bon) at about 8:30 pm and thereafter inserted his finger in the vagina of the victim girl as a result whereof the victim girl suffered bleeding injury and thereafter the victim girl narrated the entire incident to the informant and at that time she was crying. It is the further version of the informant that thereafter she was taken to Tamluk District Hospital where the victim was admitted for her treatment as her injury was serious. On the basis of the aforesaid written complaint Tamluk P.S Case no. 678 of 2020 dtd. 29/11/2020 under Sec. 376 AB IPC and Sec. 6 of POCSO Act was started.