HRISHIKESH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dated 15.02.2019 passed by the Learned Additional Sessions Judge, 2nd Courtcum-Special Judge under POCSO Act, Darjeeling, whereby additional charge under Section 6 of the POCSO Act, 2002 was framed against the present petitioner with the original charges framed on 30.10.2017 under Sections 493/376 of the Indian Penal Code in connection with the Spl.(C) No. 113 of 2015 arising out of Naxalbari P.S. Case No. 237/2013 dated 11.11.2013.

(2.) The petitioner's case is that on the basis of a written complaint dated 11.11.2013 lodged by one Debasri Roy, Naxalbari Police Station Case No. 237/2013 under Sections 493/376 of the Indian Penal Code has been commenced against the petitioner, alleging inter alia that -

(3.) On the basis of the aforesaid written complaint a FIR was drawn up against the present petitioner and investigation conducted. After completion of investigation, the police submitted charge sheet being no. 55/2014 dated 31.03.2014 under Sections 376/493 of the Indian Penal Code, 1860 against the present petitioner.