KARTICK MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Allegation of this case was put into motion by lodging of a complaint by the mother of the victim X addressed to the Officer-in-Charge of Kalna Police Station, Purba Bardhaman stating inter alia that on 17/8/2018 at about 8 a.m. the father of the victim X, being a priest, on his way to perform puja dropped his daughter/victim X to her school and also, the complainant and her mother-in-law went out in order to prepare 'bhog' for puja. The victim X, being a student of class III, aged about 9 years came back to her house on that relevant day at 12 noon as the school was closed early on account of the death of former Prime Minister. Resultantly, she was all alone in her house at that point of time on that relevant day. One neighbor, namely Kartick Mondal in absence of the guardians of the victim X in order to take advantage of the loneliness of the victim girl entered into their house and with an ulterior motive sexually assaulted the victim X by touching different parts of her body and also tried to forcibly kiss her. Feeling embarrassed, victim X tried to resist the accused and threatened him to disclose the same to her parents if he did not leave their house immediately. Thereafter, the victim X somehow managed to rescue herself from the clutch of the accused and entered into the bathroom and locked the door of the bathroom from inside and stayed there until she was sure that the accused left their house. Thereafter, when the parents of the victim X returned, she narrated the whole incident to her mother and complainant after having discussion with her husband and mother-in-law decided to report it to the jurisdictional Police Station.

(2.) On 24/8/2018 the complainant lodged a written complaint with the Officer-in-Charge of kalna Police Station and accordingly, Kalna Police Station Case no. 414/2018 dtd. 24/8/2018 under Sec. 448/354B of the Indian Penal Code (for short IPC) read with Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) was started. After completion of investigation charge sheet was submitted against the accused under Sec. 448/354B of the IPC read with Sec. 12 of the POCSO Act.

(3.) Thereafter cognizance of this case was taken by the Ld. Special Court under POCSO Act, Kalna, Purba Bardhaman against the accused and accordingly charges were framed under Sec. 448/354B of IPC read with Sec. 8 of the POCSO Act.