RAMKRISHNA BAKSHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated February 26, 2021 and the order of conviction dated March 1, 2021 passed by the learned Additional District and Sessions Judge, Ranaghat, Nadia in POCSO Trial No. 01 (08) 2017. By the impugned judgement of conviction, the appellant had been found guilty under Sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. By the impugned order of sentence, the appellant has been sentenced to suffer rigorous imprisonment for 10 years with fine of Rs.1.00 lakh and in the event of non-payment of the fine to suffer rigorous imprisonment for further one year. The victim had been awarded a compensation of Rs.4,50,000.00 by the learned Trial Judge.

(2.) At the trial, the prosecution had contended that, the appellant on June 7, 2017 at about 8 A.M in the morning, at the room housing a shallow water pump machine, committed penetrative sexual assault on the victim who was a minor and thereby committed an offence punishable under Sec. 6 of the POCSO Act.

(3.) The father of the victim had lodged a written complaint with the police on June 7, 2017 complaining of penetrative sexual assault on his daughter. The written complaint had been registered as the First Information Report on June 7, 2017 by the police. On conclusion of the investigations, police had submitted a charge sheet against the appellant. The court had framed a charge under Sec. 6 of the POCSO Act as against the appellant on August 4, 2017.