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AJOY KUMAR MUKHERJEE
Susmita Dey – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Dr. Ajoy Kumar Mukherjee, J.—This appeal filed by the appellant is directed against the judgment and order dated 13th March, 2019, passed by the learned Additional District and Sessions Judge, Sealdah in Special Case no. 32 of 2017, arising out of Ultodanga Women P.S. Case no. 9 dated 18.07.2017, whereby, the learned Court below was pleased to acquit the Respondent herein from the charge under section 10 of The Protection of Children from Sexual Offences Act (in short POCSO Act).
2. Prosecution case in brief is that the informant is the student of class VIII and on 17th July, 2017, she had gone to attend the private tuition class of the Respondent at his residence when the Respondent/accused committed sexual assault upon the said victim girl /informant who is aged about 14 years. The relevant portion of the first information report may be reproduced below:—
“Yesterday that is on 17.7.2017 I had gone to Sir to tuition at about 7:10/7:15 with my mother. On that day seven of us were there. All our guardians take us to the tuition. Some guardians wait the terrace or the staircase. Last night at about 9.10 at night all of us were released. In the place of study that is in the
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