STATE Vs. BROJAN BISWAS

JUDGEMENT

(1.) The appeal against acquittal has been preferred by the State against the judgment and order dated July 01, 2022 whereby the respondent was acquitted of the charge under Sec. 6 of the POCSO Act.

(2.) Prosecution case against the respondent who is the maternal grandfather of the minor victim is to the effect that in the month of December, 2021. The respondent had committed aggravated penetrative sexual assault on the victim at a jungle situated at Madhupur, Police Station Diglipur. As a result, victim had become pregnant. During investigation, DNA samples of the fetus and that of the respondent were sent for DNA analysis. Though the DNA report had not been received, police report was filed on March 16, 2022 and trial commenced.

(3.) During trial, prosecution examined 16 witnesses including the victim PW-5. She deposed in the last part of the December, 2021 the respondent had raped her in a jungle. On March 15, 2022, she was taken to the hospital. Doctor declared she was pregnant and FIR came to be registered. Trial Judge took into consideration the entries made in the medical report which showed that the victim's last menstrual period (LMP) was in the second week of January, 2022. This noting, as per the learned Judge, improbabilised the penetrative sexual assault in December 2021 resulting in pregnancy. Accordingly, he acquitted the respondent.