LAWS(CAL)-2019-9-73

DEBU HAIT Vs. STATE OF WEST BENGAL

Decided On September 17, 2019
Debu Hait Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) On the submission made by Mr. Amal Krishna Samanta, learned Advocate, initially entered appearance for the appellant, that his client since had taken no objection from him and since had taken back papers in connection with the appeal and having not received any further instructions in the matter, we appointed Mr. Navnil Dey, Advocate practicing in this Court as an amicus curiae by our order dated 07.08.2019.

(2.) Mr. Dey, assisted the Court to his utmost sincerity and with due honesty. We appreciate the service rendered by the amicus curiae. Now going to the merits of the appeal we heard both the amicus curiae and Mr. Agarwal for the State.

(3.) This appeal by the convict challenging the judgment and order of conviction dated 19th December, 2016 and 20th December, 2016 passed by the learned Additional District and Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial no. 06(1) of 2015 arising out of sessions case no. 19(10) of 2014 S.P.L. convicting the appellant under Section 3(b) of the POCSO Act punishable under Section 4 of the said Act. On the basis of a written complaint by one Tapati Das, mother of the victim, who is the youngest daughter of the complainant, Kumari Binita Das of 12 years of age complained to have been violated sexually by the accused, Debu Hait. Inspector-incharge, Haldia Police Station registered the complaint under FIR.No. 132 dated 08.10.2014 under Section 354 of the Indian Penal Code and on the basis whereof Haldia P.S. Case no. 132 of 2014 dated 08.10.2014 was started under Section 354 of the Indian Penal Code read with Section 8/12 of the Protection of Children from Sexual Offences Act, 2012.