GOBINDA BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 25/7/2022 passed by the learned Special Court - Cum ' Additional Sessions Judge, 1st Court, Serampore, Hooghly in Sessions Trial No. (POCSO) 19/2017 corresponding to Special (POCSO) No. 06/2016 wherein the trial Court was pleased to hold the appellant guilty under Sec. 8 of the Protection of Children from Sexual Offences Act and sentenced him to suffer Simple Imprisonment for three years and fine of Rs.5,000.00 in default to undergo additional Simple Imprisonment for one month.

(2.) The genesis of the present case was on the basis of complaint lodged by 'Y' father of 'X' who alleged that his 13 year old daughter was returning home on 26/6/2016 at about 5.30 pm when the accused Gobinda Bag (Buro) of their village stood in front of her and brought her down and with an ill-motive tried to cover her face. However, some villagers noticed when he fled away. The complainant as such requested the police authority to take appropriate steps against the accused. On the basis of the aforesaid complaint dtd. 26/6/2016 addressed to the Officer-in-charge, Chanditala Police Station case no. 304/16 dtd. 26/6/2016 was registered for investigation under Sec. 8/12 of the POCSO Act and Sec. 354 of the IPC. After completion of investigation charge-sheet was submitted before the jurisdictional Court under the same Act and Ss. . After supply of copies charge was framed against Gobinda Bag under Sec. 354 of IPC and Sec. 8/12 of POCSO Act. The contents of the charge were read over to the accused to which he pleaded not guilty and claimed to be tried. Prosecution in order to prove its case relied upon 6 witnesses which included PW1, 'X', victim girl; PW2, Dr. Dibyendu Dutta, who examined the victim girl; PW3, 'Y' father of the victim girl; PW4, 'Z' mother of the victim girl; PW5, Debasish Chatterjee, SI of Police; PW6, Nilkantha Mondal, Investigating Officer of the case. Prosecution in this case also relied upon number of documents which will be dealt with subsequently while discussing the evidence. However, the defence neither adduced any oral or documentary evidences but only emphasised on the foundation of the prosecution case. PW1, 'X' is the victim girl who deposed that the de facto complainant is her father who filed the written complaint with Chanditala Police Station on 26/6/2016, as on that day at about 5.30 pm when she was returning from her tuition classes in her bicycle then all on a sudden a person standing by the side of the road pounced upon her and put his hand on her mouth and as a result of which she fell on the earth. She raised alarm and after hearing her hue and cry local people came to her rescue when the accused fled away. After returning to her residence she informed the incident to her parents. She came to Court and gave statement before the learned Judicial Magistrate. She identified her signature in the statement recorded by the learned Judicial Magistrate who read over the same to her when she signed the same. Her signature in the statement was marked as Ext.1 and Ext.1/1. Subsequently she came to know that the accused is Gobinda Bag and she identified the accused in Court. PW2, Dr. Dibyendu Dutta is the medical officer attached to Walsh Hospital, Serampore and on 30/6/2016 the victim 'X' was produced before him for medical examination but she refused to extend her consent for medical examination. The endorsement of the mother of the victim girl who accompanied her regarding the refusal was made in his presence, he identified the medical report which was prepared and signed by him. The same was marked as Ext.2 and his signature was marked as Ext.2/1. The witness also identified the endorsement of the mother of the victim which was marked as Ext.2/2. PW3 is 'Y' complainant, who deposed that on 26/6/2016 at around 5.30 pm an incident occurred with his daughter. At the relevant point of time the victim was aged about 13 years. On that date at the relevant point of time his daughter was returning home from her tuition by bicycle and at that time the accused caused his daughter to fall from the cycle and pull down the wearing pant by pressing hand on her mouth and also put his hand on her breast and vagina. At the relevant point of time his wife was busy in attending a meeting beside their house and the local boy informed her. Thereafter his wife informed him about the incident over phone. Witness stated that the incident occurred on the road which leads to Chanditala from Beler Math village. After getting such information he returned to his house and came to know about the incident from his wife and daughter and he complained to Chanditala Police Station on the same date. He identified the complaint which was written by him, the same was marked as Ext.3 and his signature was marked as Ext.3/1.

(3.) He identified the accused in Court and stated that he knew him as he is a co-villager and neighbour. PW4 is 'Z' mother of the victim girl. She stated that on 26/6/2016 at around 5.30 pm an incident occurred with her 13 years old daughter when she was returning home from her tuition by a bicycle, at that time Gobinda Bag caused her daughter to fall down from her cycle dragged her on the road side bush by pressing his hand on her mouth and put hand on her breast and vagina. At the relevant point of time she was busy in attending one meeting of self help group in her house and a local boy rushed and informed her regarding the incident. She returned to her house and saw her daughter who was crying and came to know regarding the incident from her daughter. She informed her husband over phone when her husband came down to their home and thereafter having knowledge regarding the incident complained to Chanditala police station. The birth certificate of her daughter was handed over to the Investigating Officer which was returned to her. She identified the original birth certificate of her daughter which was marked as Ext.4. She identified the accused in Court. PW5, Debasish Chatterjee, at the relevant time was Officer-in-charge of Chanditala Police Station. On receipt of the complaint from 'Y', he started Chanditala Police station case no. 304/16 date 26/6/2016 under Sec. 8/12 of POCSO Act and Sec. 354 of IPC. He identified his endorsement with signature on the complaint which was marked as Ext.3/2. He thereafter filled up the formal FIR and endorsed the case to SI. Nilkanta Mondal for investigation. He also deposed that the formal FIR was filled up and signed by him. The Formal FIR as such was marked as Ext.5. PW6, Nilkanta Mondal is Investigating Officer of the case, who on receipt of the assignment was pleased to visit the place of occurrence, prepared rough sketch map of the place of occurrence with index which was identified by him and as such marked as Ext.6. He also examined available witnesses and recorded their statements under Sec. 161 of Cr.P.C. He sent the victim girl for her statement being recorded by the learned Judicial Magistrate under Sec. 164 of Cr.P.C. The statement of the victim girl was marked as Ext.1/2. He also made arrangement for sending the victim girl to the hospital for medical examination. He conducted raid at the house of the accused, however, he was not available. However, on 1/7/2016 he was arrested from Noity Manasatala under P.S. Chanditala and produced before the Court. He identified the accused and submitted that he collected the birth certificate for ascertaining age of the victim and after completion of investigation he submitted charge-sheet against the accused.