SANTU BISWAS @ SUJIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order of conviction and sentence dated 22.04.2015 and 23.04.2015 passed by the Additional Sessions Judge, 2nd Court, Krishnagar in Sessions Trial No. XIII(I) of 2015 arising out of Sessions Case No. 2(11) of 2014 (Special) whereby the appellant/accused was convicted for the offence punishable under Section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act) and sentenced to suffer imprisonment for three years and to pay fine of Rs.5,000/- in default of which to suffer rigorous imprisonment for three months for the aforesaid offence.

(2.) The facts in brief leading to the present appeal may be summarized as follows :

(3.) On 10.11.2014 at 20.05 hours one Barun Mondal (PW-3) lodged a written complaint at Dhubulia P.S. alleging that on the aforesaid date at about 4 p.m. when his daughter (hereinafter referred to as the victim) aged about six years was playing in the courtyard of their house with two neighbouring children, his neighbour Santu Biswas took her to his room on the pretext of giving her lozenge and raped her. Hearing the cries of the victim, when her mother Kakali Mondal (PW-2) came near the house of the accused/appellant, he drove the victim out. It is further alleged that the victim informed her mother about the incident and the accused fled away when the neighbouring people came. On the basis of the aforesaid written complaint, Dhubulia P.S. Case No. 341 of 2014 dated 10.11.2014 under Section 376(2)(f) IPC and under Section 4/8 of POCSO Act was initiated against the accused/appellant. Investigation culminated in the submission of the charge-sheet under Section 376(2)(f) IPC and under Section 4/8 of POCSO Act against the accused/appellant.