SAHID HOSSAIN BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) With the consent of the parties, the appeal is disposed of without preparation of paper books.

(2.) Judgement and order dated 01.12016 and 012016 passed by learned Additional Sessions Judge, Krishnanagar, Nadia in Sessions Trial No. III (I) of 2016 corresponding to Sessions Case No.10 (09) of 2015 (special) 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') and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 10,000.00, in default to suffer rigorous imprisonment for six months more has been assailed.

(3.) The prosecution case, as alleged, against the appellant is to the effect that on 17.09.2015 at about 12.30 P.M. the victim, a 15 year old girl, was alone at her house. Taking advantage of such situation, the appellant entered the house and after shutting the door, gagged her mouth and ravished her. Thereafter, the appellant threatened the victim and left the place. When her mother returned, the victim narrated the incident to her who then lodged a written complaint with the police station resulting in registration of Dhubulia P.S. Case No.288 of 2015 dated 18.09.2015 under Sec. 376(2)(i) of the Indian Penal Code. The victim was medically examined by the doctor and in conclusion of investigation, charge sheet was filed under Sections 376/511 of the Indian Penal Code and under Sec. 4 of the POCSO Act.