DEBASISH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 22/9/2022 and 26/9/2022 passed by the Learned Additional Sessions Judge, Special Designated POCSO 2nd Court, Paschim Medinipur in POCSO Case No.09 of 2016 wherein the learned trial court was pleased to hold the appellant guilty and sentenced him to suffer rigorous imprisonment for 5 years (five years) and to pay of fine of Rs.5,000.00 (Rupees five thousand) in default to suffer further simple imprisonment for one month for commission of offence under Sec. 10 of the POCSO Act.

(2.) Daspur PS Case No. 27 of 2016 dtd. 3/2/2016 under Sec. 10 of the POCSO Act was registered for investigation on the basis of a complaint lodged by 'Y' with the Officer-in-Charge, Daspur Police Station. The allegations made in the letter of complaint were to the effect that the complainant's daughter 'X' (aged about 6 years) and the daughter of his elder brother namely, 'A' (aged about 7 years) were allured by the accused/appellant Debasish Das by promising to give them chocolate and were called inside his house, where the accused removed the panties of both the child and touched their genitals with ill intention. Both the children returned and complained at their residence. The complainant, as such, requested the police authorities to take action against the accused person.

(3.) The Investigating Agency on conclusion of investigation submitted chargesheet under Sec. 354 of IPC and Sec. 10 of the POCSO Act against the accused, Debasish Das. After supply of documents on which the prosecution proposed to rely, charge was framed against the accused under Sec. 10 of the POCSO Act. The contents of the charge were read over to the accused person who pleaded not guilty and claimed to be tried.