BABULAL SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order of sentence dtd. 15/2/2023 and 17/2/2023 passed by Additional Session Judge, 2nd court Alipore, in Special Trial no. 13(03) 2022, the present appeal has been preferred. By the judgment impugned, learned Court below convicted appellant Babulal Sardar and sentenced him to suffer rigorous impressment for four years and to pay fine for committing offence punishable under Sec. 354B of Indian Penal Code (IPC) and court below also sentenced the appellant to suffer rigorous impressment for six years and to pay fine for committing offence punishable under Sec. 10 of The Protection of Children form Sexual Offences Act 2012 (in short POCSO Act 2012).

(2.) It is alleged in the FIR that on 12/9/2021 at about 1:00 P.M the appellant took minor daughter of the complainant, aged about seven years in his house and closed the door, put off her pant and committed rape upon her. As per FIR immediate after coming out from appellant's house, victim started weeping and on being asked the victim informed the matter to her neighbours namely Jyotsna Haldar (P.W-4) and Srabanti Sardar (P.W-3) and when some other villagers went to the house of appellant, he fled away. Instant complain was lodged on the same day and the investigation started and after completion of investigation charge sheet submitted against the accused/appellant under Sec. 376AB of the IPC read with Sec. 6 of the POCSO Act 2012. Thereafter, charge was framed against accused person under Sec. 376AB of IPC and Sec. 6 of the POSCO Act 2012. During trial, prosecution examined victim girl as P.W-1, complainant who is the father of victim girl as P.W-2, aforesaid neighbour Srabanti Sardar and Jystna Halder as P.W-3 and 4, mother of the victim girl as P.W-5, scribe of the written complain as P.W-6, the Investigating Officer as P.W-7 and the Doctor who examined the victim girl as P.W-8.

(3.) After completion of the trial, the court below held that allegation under Sec. 354B of IPC and Sec. 10 of the POCSO Act 2012 has been established against the appellant herein and accordingly Court below convicted him under those provision of law.