NARAYAN BHOWMIK @ BAPI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Lower court records have been received.

(2.) With the consent of the parties, the appeal is taken up for hearing dispensing with preparation of paper books.

(3.) Prosecution case as alleged against the appellant is to the effect that on 26.12.2016 the victim had gone to take tuition under Nabanita Kar, P.W.8 at the house of one Chandan Maity, P.W.6 at Nachinda. At that time Nabanita Kar was not in her room and the appellant who is a co-tenant of the said premises took the child to his room on the pretext of offering her banana and pen and thereafter forced the victim on the bed, undressed her and inserted his finger into her private parts. The victim narrated the incident to her mother who in turn informed such fact to the private tutor Nabanita and other family members. On 27.12.2016, P.W.1 lodged first information report with the Officer-in-charge of Marishda Police Station resulting in registration of Marishda Police Station Case No.159 of 2016 dated 27.12.2016 under Section 376 (2) (f) ( i ) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. In conclusion of investigation, charge sheet was filed against the appellant under Section 376 (2) (f) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. Charges were framed under the aforesaid provisions of law. The appellant pleaded not guilty and claimed to be tried.