SUSMITA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal filed by the appellant is directed against the judgment and order dtd. 13/3/2019, passed by the learned Additional District and Sessions Judge, Sealdah in Special Case no. 32 of 2017, arising out of Ultodanga Women P.S. Case no. 9 dtd. 18/7/2017, whereby, the learned Court below was pleased to acquit the Respondent herein from the charge under Sec. 10 of The Protection of Children from Sexual Offences Act (in short POCSO Act).

(2.) Prosecution case in brief is that the informant is the student of class VIII and on 17/7/2017, she had gone to attend the private tuition class of the Respondent at his residence when the Respondent/accused committed sexual assault upon the said victim girl /informant who is aged about 14 years. The relevant portion of the first information report may be reproduced below:--

(3.) The charge was framed against the Respondent herein under Sec. 10 of POCSO Act, on 22/9/2017, when the Respondent pleaded not guilty. During the trial prosecution examined ten witnesses, while defence adduced none. Out of the ten witnesses PW-1 was the victim and PW-2 is the mother of the victim girl and PW-3 to 8 are the independent witnesses and PW-9 and 10 are the first and second Investigating officer.