The central legal point established in the judgment is the interpretation of sexual assault under the POCSO Act, emphasizing the essential ingredients for the offence and the principle of 'Ejusdem-generis' in statutory interpretation.

JUDGMENT :

1. The appellant faced conviction under the charge of Section 10 of the Protection of Children from Sexual Offences Act (hereafter described as the POCSO Act) and sentenced to suffer rigorous imprisonment for six years with fine of Rs.20,000/-, in default rigorous imprisonment for six months for the aforesaid offence passed in Sessions Trial No.III (X) of 2018 arising out Sessions Case No.7(08) of 2018 passed by the learned Additional Sessions Judge, 2nd Court at Krishnagar, Nadia. In the instant appeal, the convict/appellant has challenged the legality and correctness of the aforesaid judgment and order of conviction and sentence.

2. On the basis of a written complaint submitted by one Parimal Biswas alleging, inter alia, that on 18th August, 2018, his minor daughter aged about nine years went to the house of his brother Rahul Biswas to defecate as they had no toilet in their house at the relevant point of time. On her way to the house of her uncle, accused Chitta Biswas forcibly took her, behind the latrine situated beside the house of one Manoka @ Mannoda Patwary and pulled down her pant. The accused then opened his pant, touched the breast of the daughter of the defacto complainant and also touched her private part with finger. When he tried to commit rape upon her, the said minor girl cried out attracting local villagers. The villagers apprehended the accused in such condition and manhandled him. Then he was sent to Saktinagar Hospital for medical treatment.

3. On the basis of the said complaint police registered Kotawali P.S Case No.374 dated 18th August, 2018 under Sections 4/6/8 of the POCSO Act and also under Section 376(2)(i) of the IPC.

4. After charge-sheet being filed, the accused appeared before the trial court to face trial. Charge under Section 376(2)(i) of the IPC and Section 6 of the POCSO Act were framed against the accused. He pleaded not guilty. Accordingly trial of the case commenced. During trial, prosecution examined ten witnesses. The accused was also examined under Section 313 of the Code of Criminal Procedure.

5. Defence case as disclosed from the trend of cross examination of the witnesses on behalf of the prosecution and examination of the accused under Section 313 of the Cr.P.C appears to be complete denial of the prosecution case.

6. The learned trial judge on careful perusal of the evidence on record, both oral and documentary convicted and sentenced the accused in the manner aforesaid. Hence the instant appeal assailing the impugned judgment and order of conviction and sentence.

7. Out of the ten witnesses, the victim girl deposed before the trial court as PW1. It appears from her evidence that at the relevant point of time she was student of class-IV. She stated in her evidence that on 18th August, 2018 at about 8 am when she was going to the house of his uncle Rahul Biswas to use their lavatory, accused came from behind, covered her mouth by his hand and took her to the house of Mannoda Patwary @ Manoka who is the aunt of the victim girl. Then the accused pulled down her pant, touched her breast and inserted his finger into her vagina. In the mean time, her aunt came to the spot. Seeing the accused and the victim in such condition she raised hue and cry. The victim also cried out. Then the accused tried to flee away but the local villagers apprehended and assaulted him. She also stated that she narrated the incident to the learned Magistrate when she was produced before him. She identified her signature on her statement recorded under Section 164 of the Cr.P.C. she further stated that she was medically examined by the doctor. Her signature on the Medico Legal Examination Report is marked as Exhibit-2/1. In cross examination, PW1 stated that their house is situated in front of the road by the side of their uncle’s house. The houses of his uncle’s are situated and at the last on the row, there is a house of her uncle Rahul Biswas. She also stated that there was no lavatory and latrine in th