BADAL MOHANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order of conviction dated 29-08-2015 and 31-08-2015 passed by the Learned Judge, Special Court cum Additional District Judge, 2nd Court, Balurghat, Dakshin Dinajpur, in Special. Trial. No. 09(12) 2014 in Special. Case. No. 29 of 2014, convicting the appellant under Sections 448/307 of the Indian Penal Code (in short the IPC) and under Sections 4/18 of the Protection of Children from Sexual Offences Act, (in short the POCSO Act). By the said judgment, the learned trial Court sentenced the appellant to undergo rigorous imprisonment for 1(one) year and pay fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for another 2(two) months for offence under Section 448 of the Indian Penal Code and to suffer rigorous imprisonment for life and pay fine of Rs. 50,000/-, in default to suffer rigorous imprisonment for another 5(five) months for the offence under Section 307 of the IPC. The trial Court further sentenced the appellant to suffer rigorous imprisonment for 7(seven) years and pay fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for further 3(three) months for offence punishable under Sections 4/18 of the POCSO Act.

(2.) The case of the prosecution, in a nutshell, is that the defacto complainant and the mother of the victim Dipali Sarkar lodged complaint before Balurghat Police Station on 22-09-2014 to the effect that on 21-09-2014 around 4:30 p.m, when her daughter Sikha Sarkar aged about 15 years was alone in her house, the accused-appellant entered into their house on the pretext of borrowing a chopper (daa) and taking advantage of the child being alone in the house the appellant dragged her to the room, undressed her and attempted to commit rape on her. He also dragged her by her hair and throttled her with a rope with the intention to kill her as a result of which blood and saliva oozed out of her mouth. The appellant fled away leaving the child alone. The complainant returned home and found her daughter lying unconscious. She took the child to the hospital where she regained her sense after treatment and narrated the incident. The complaint was lodged after a day's delay as the mother was busy attending the child.

(3.) On receipt of the complaint, Balurghat Police Station Case No. 713 of 2014 dated 22-09-2014 was registered under Sections 448/376/511/307 of the IPC read with Section 10 of the POCSO Act. Upon completion of investigation, charge sheet was submitted against the accused under Sections 448/376/511/307 of the IPC read with Section 10 of the POCSO Act. The case was committed to the Court of the Learned Sessions Judge and thereafter transferred to the Learned Special Judge (under POCSO Act) cum Additional District Judge, 2nd Court, Balurghat, Dakshin Dinajpur for trial.