NANDAN SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence dated 04.08.2014 and 05.08.2014, passed by learned Judge, Special Court, 2nd Court, Suri in Special Case No. 7/14/, {Special Trial No. 7(2) of 2014} convicting the accused appellant under Section 3(b) of the Protection of Children from Sexual Offences Act, 2012 and sentencing him thereunder to suffer rigorous imprisonment for twenty (20) years, and a pay fine of Rs.10,000/- (rupees ten thousand), in default Simple Imprisonment for one year.

(2.) The factual aspects, as established during trial, is that the complainant mother went to fetch water outside her house on 6th August, 2013, at about 3.00-

(3.) 30 P.M., taking victim daughter with her, who was following the mother, intervened by a space of about 8-10 cubits away from the mother. 3. The accused appellant lives in a house intervened by two houses from the house of complainant in the self-same locality. The mother/complainant found the accused appellant taking her daughter, a three year old girl, in his lap and going away against her wish. The mother then returned home collecting water, but she did not find her daughter there, even 10-15 minutes after the incident. The complainant/mother then frantically started searching for her daughter, when accused appellant left her victim daughter in a crying state on road. She found the wearing apparels of her daughter with evidence of bleeding from private parts. On interrogation, the mother could learn from her victim daughter that at the relevant point of time accused appellant had taken her away to a deserted place of such locality, and committed aggravated penetrative sexual assault upon victim daughter. The victim daughter was thereafter, taken to hospital at Sian, Bolpur, and from there the victim daughter was referred to Burdwan Medical College and Hospital for her medical examination.