SWARUP BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction dated 06.01.2015 and sentence dated 07.01.2015 passed by the Additional District & Sessions Judge, 2nd Court, Krishnanagar, District- Nadia in Sessions Trial No. XI (VIII) of 2014 arising out of Sessions Case No. 5(4) of 2014 (Spl.) convicting the appellant under Section 8 of POCSO Act, 2012 and sentencing him to undergone imprisonment for five years and to pay a fine of Rs. 5,000/- in default to undergone Rigorous Imprisonment for three months inter-alia, on the grounds that the prosecution witnesses having embellished their earlier statements made under section 161 of the Code of Criminal Procedure and having contradicted one another, the Ld. Judge erred in law in convicting and sentencing the appellant for charge under Section 8 of POCSO Act.

(2.) It is submitted on behalf of the appellant that the medical evidence has not been appraised in its right perspective inasmuch as Dr. Bhabotosh Bhowmick, the P.W. 2 as a Medical Officer of Nadia District Hospital of Krishnanagar had examined the victim girl who did not disclose anything to him rather the history was narrated by her mother (P.W. 3) that victim girl sustained injury while she was playing. According to medical evidence this type of injury may be caused if any person got down from Dolna (swing).

(3.) It is further submitted that Tumpa Biswas, P.W. 3 who is the mother of Barsha Biswas and her evidence is very concocted story. Evidence of said P.W. 3 and other witnesses are hearsay in nature because she had not seen the appellant having inserted his finger into the private part of the victim girl.