SHIBNATH DALUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of a judgement and order of conviction dated 28th March, 2017 and 29th March, 2017 passed by the learned Chief Judge, City Sessions Court, Calcutta in Special POCSO Case no. 02 of 2014 (S.T. No. 02(8) of 2014) sentencing the appellant to suffer rigorous imprisonment for four years and to pay a fine of Rs. 10,000/-; in default, to suffer rigorous imprisonment for a further period of six months for commission of offence punishable under Sections 7/8 of the Protection of Children from Sexual Offence Act, 2012.

(2.) The prosecution case in short is that on 17th March, 2014 one Bela Bera lodged a complaint before the Officer in Charge, Jorabagan Police Station alleging that at about 7.30/8.00 p.m. she along with her four years old grand daughter were gossiping with their neighbour Shibnath Dalui in front of their house. Her grand daughter resided with her as her father had passed away and her mother had remarried and left her. At about 8 p.m. the complainant went to see a TV serial and after ten minutes she started searching for her grand daughter as she could not find her. The complainant proceeded towards the room of Shibnath Dalui, she found that the room was locked from inside and when she called and peeped through the gap in the door of the room, she saw that Shibnath Dalui was lying naked over her grand daughter and performing immoral act. She raised alarm and the local people came to the spot. Shibnath Dalui opened the door and came out and the complainant took her grand daughter with her.

(3.) N the basis of the said complaint, a criminal case, being Jorabagan P.S. Case No. 53 dated 17th March, 2014 was initiated against the accused/appellant. The accused was arrested and produced before the Court and was subsequently granted bail. After completion of investigation, charge sheet was submitted against the accused under Section 4 of the Protection of Children from Sexual Offences Act. On the basis of the materials on record charge was framed against the accused under Section 4 of the POCSO Act. The substance of accusation was read over and explained to the accused to which he pleaded not guilty and claimed to be tried.