RAJIB DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 24/2/2021 and 26/2/2021 passed by the learned Additional Sessions Judge, Bolpur, Birbhum, in Special (POCSO) Case No. 23/18 arising out of Bolpur PS case No. 224 of 2018, wherein the learned Appellate Court after holding the appellant guilty of the offence under Sec. 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") was pleased to sentence him for Simple Imprisonment for five years and fine of Rs.5000.00 i.d. to suffer further SI for three months.

(2.) Bolpur PS case No. 224/2018 dtd. 9/8/2018 was registered for investigation on the basis of an information/complaint submitted by the victim 'X' wherein she alleged that she being a Class XI student and a resident of Village-Bahiri, Dist- Birbhum, went to tuition at I.T.E. Coaching Center at Lodge More (Bolpur), opposite to H.P. Gas on 9/8/2018 at about 4.45 pm in the afternoon. Rajib Das who was responsible for admission at the coaching Center hugged her forcefully and kissed her, thereby intending to rape her. The complainant as such requested the Inspector-in-charge, Bolpur Police Station to take steps and punish the said Rajib Das for his heinous act.

(3.) On receipt of such complaint the Inspector-in-charge, Bolpur Police Station entrusted Sub-Inspector Kasturi Gupta (PW9) for investigation of the case. Immediately on being assigned the charge of investigation, the investigating officer visited the place of occurrence i.e. the tuition Center, prepared rough sketch map with index, examined the available witnesses and recorded their statement, arranged for medical examination of the victim who declined to be examined. After collection of all documents and materials the investigating officer submitted charge-sheet on or about 21/9/2018.