MD. ALAMGIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 28/9/2022 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly in Sessions Trial (Spl.) Case No. 90 of 2016 arising out of Sessions Case (Spl.) Case No. 113 of 2015, wherein the learned Trial Court was pleased to convict the appellant for commission of offence punishable under Sec. 354A of Indian Penal Code and under Sec. 8 of the Protection of Children from Sexual Offences Act and sentenced him to suffer as follows:

(2.) The genesis of the present case relate to Balagarh Police Station Case No. 189/15 dtd. 27/8/2015. On the basis of a letter of complaint by 'Y' addressed to the Officer-in-charge, Balagarh Police Station the present case was initiated. The allegations made in the said letter of complaint were to the effect that on 27/8/2015 at about 9.30 am the complainant's daughter namely 'X' (aged about 10 years 6 months) was called by Hafeez Sahib of a mosque situated near her residence for giving a Tabij (amulet). The complainant's daughter went to the adjoining house of the mosque where Hafeez Sahib resided, when at the time of tying the tabij at the neck accused touched the breast of the complainant's daughter thereby outraging her modesty. The complainant's daughter after returning started crying and thereafter narrated the incident. The complainant as such requested the police authorities to take action against the accused.

(3.) On the basis of the aforesaid complaint Balagarh police station case no. 189/15 dtd. 27/8/2015 was registered for investigation under Sec. 354 of the Indian Penal Code and Sec. 7/8 of the POCSO Act. The investigating agency after completion of investigation submitted charge-sheet under the same act and Sec. . After supply of copies, charge was framed against the accused person under Sec. 354A of the Indian Penal Code and Sec. 8 of the POCSO Act. The contents of the charge were read over to the accused to which he pleaded not guilty and claimed to be tried.