IJARUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and order dated Oct. 8, 2015 passed by the learned Additional Sessions Judge, Second Court at Krishnagar, Nadia, in Sessions Case No. 5(07) of 2015 (Spl.) corresponding to Sessions Trial No. II (IX) of 2015 arising out of Tehatta Police Station Case No. 286 of 2015 dated July 6, 2015 convicting the appellant for commission of offence punishable under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act, 2012) and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000.00 in default, to suffer rigorous imprisonment for another three (3) months.

(2.) The prosecution case, as alleged, against the appellant is to the effect that the appellant being the headmaster of Rakninagar Primary Vidyapith in the district of Nadia had sexually assaulted a nine year old girl student, who was studying in Class IV of the said school. On the basis of the complaint made by the victim to her parents on 2.7.2015, the father of the victim, namely, Anirban Das, prosecution witness no. 3, lodged a written complaint before the Tehatta Police Station resulting in registration of Tehatta Police Station Case No. 286 of 2015 dated July 6, 2015 under Sec. 8 of the POCSO Act, 2012. In course of the investigation, statement of the victim girl was recorded under Sec. 164 of the Code of Criminal Procedure and on conclusion of investigation the charge sheet was submitted against the appellant. The learned trial judge framed charge against the appellant under Sec. 8 of the POCSO Act, 2012, but the appellant pleaded not guilty and claimed to be tried.

(3.) In the course of trial, the prosecution examined as many as twelve (12) witnesses. A number of documents were also exhibited.