The main legal point established in the judgment is the clear and consistent evidence required to prove the ingredients of the alleged offence under the Protection of Children from Sexual Offences Act, 2012. The judgment also emphasizes the need to protect the identity of the child victim and to follow the provisions of the Act and Rules in letter and spirit.

Joymalya Bagchi, J.

The appeal is directed against the judgment and order dated July 26, 2016 and July 27, 2016 passed by the Learned Additional District & Sessions Judge, 2nd Court, Krishanagar, Nadia in Sessions Trial No. II(XII) of 2015 corresponding to Sessions Case No.04(09) of 2015 convicting the appellant for commission of offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000/- in default to undergo further rigorous imprisonment for three months more has been assailed.

2. Prosecution case, as alleged, against the appellant is to the effect that on 07.09.2015 at about 6.30 P.M., the mother of the victim asked her to fetch water from the tube well of a nearby school. When she had gone to fetch water, the appellant caught the victim from the rear and dragged her behind the school building and touched her private parts. When the victim raised objection and started screaming, the appellant threatened her for dire consequences and fled away.

3. On the written complaint of the mother of the victim, Taherpur P.S. Case No. 159/15 dated 17.09.2015 under section 8 of the Protection of Children from Sexual Offences Act was registered for investigation. In conclusion of investigation charge-sheet was filed under the aforesaid provision of law. Charge was framed against the appellant and the same was read over and explained to him. He pleaded not guilty and claimed to be tried.

4. In the course of trial, the prosecution examined as many as 17 witnesses to prove its case. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Court convicted and sentenced the appellant, as aforesaid.

5. Ms. Banerjee, learned counsel for the appellant submits that prosecution case has not been proved beyond reasonable doubt. There is no explanation as to why the victim was sent to collect water from the tube well in a nearby school, although evidence has come on record that there is a tube well in their house. There is contradiction in the manner in which the victim was subjected to sexual assault. While the victim and her parents deposed that the appellant touched her private parts, the medical officer, P.W.7 deposed that the victim stated that she was touched in the thigh and other witnesses deposed that the victim told them that the appellant had pulled her hand. Accordingly, she prayed for acquittal in the instant case.

6. On the other hand, Mr. Bose, learned counsel for the State, submits that the evidence on record is clear and consistent and established the ingredients of the alleged offence. Minor contradictions as to the part of the body of the victim which the appellant had touched would not erode the consistent evidence of the prosecution witnesses that the appellant took away the victim while she was collecting water from the tube well and touched her in an indecent manner. The evidence of the victim and her relations are corroborated by the independent witnesses including the doctor in that regard. Accordingly, he prayed for dismissal of the appeal.

7. P.W.1. is the victim in the instant case. She deposed that she is eleven years of age and is reading in Class VII. The incident took place on 17th September, 2015 at about 6.30/7 P.M. when she had gone to fetch water and the appellant asked her for water. After taking water, the appellant started tickling her legs and thereafter he pulled her frock. At that time her brother was also present. The appellant directed her brother to leave the place but her brother refused to do so. Then he gagged her mouth and took her behind the school and threatened her that she would be killed and thereafter touched her vagina over her undergarment. Thereafter he released her. She narrated the incident to her mother. Her mother lodged a written complaint at Taherpur P.S. She was medically treated and she was also stated t