SIRAJUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Is is an application for transfer of trial of POCSO Case No. 53 of 2015: S.T. 13(08) of 2018 arising out of the Chopra Police Station Case No. 1539 of 2013 dated 27.12.2013 under Sections 363/366A/376 of the Indian Penal Code read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act from the Court of the learned Additional Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur to the Court of the learned Special Judge, POCSO Act-cum-Additional Sessions Judge, First Court, Islampur, Uttar Dinajpur.

(2.) The learned advocate appearing on behalf of the petitioners submits as follows. At the time of initiation of the case, there was no Special Court under the POCSO Act at Islampur, Uttar Dinajpur. That is why, although the accused petitioners, the victim as well as the witnesses stayed at Islampur, Uttar Dinajpur, the case came to be heard before the learned Special Court at Raiganj, Uttar Dinajpur. But presently there is an existing designated Special Court under the POCSO Act at Islampur, Uttar Dinajpur. Therefore, for the mutual convenience of all, the trial should be transferred to the learned Special Court at Islampur, Uttar Dinajpur.

(3.) The learned advocate for the opposite party no. 2 submits as follows. The victim lady is presently residing at Raiganj, Uttar Dinajpur. Much after the incident and after she became a major, the opposite party no. 2 got married and is presently having a two years old child. Under such circumstances, it would be very difficult for her to travel away from her place of residence and depose before the trial court. The learned advocate appearing on behalf of the opposite party no. 2 files copy of the birth certificate of the victim's child, which is placed on record. From there it appears that the victim is indeed a resident of Raiganj, Uttar Dinajpur.