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TIRTHANKAR GHOSH
Raj Kumar Rai – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Tirthankar Ghosh, J. - The present appeal has been preferred challenging the judgment and order dated 27th February, 2018 passed by the learned Additional District & Sessions Judge, First Court, Sealdah, South 24 Parganas in Special Case no. 31 of 2017, wherein the learned Trial Court was pleased to convict the appellant under Section 10 of the Protection of Children from sexual Offences Act, 2012 and sentenced him to suffer imprisonment for five years and also to pay a fine of Rs.30,000/-, out of which 90% amount was to be paid to the victim as compensation under Section 357 of the Code of Criminal Procedure, and in default of payment he would have to undergo Rigorous Imprisonment for six months more.
2. The initiation of the case relate to a written complaint under Section 8 of the POCSO Act, 2012 registered against the appellant vide Entally PS case no. 327 dated 06.07.2017.
3. The allegations in the written complaint were to the effect that the de facto complainant's daughter, aged about 3 years 10 months was sexually assaulted by the appellant on 05.07.2017 at the bathroom of Mahabir Institute of Education and Research situated at 17/1 Canal Street, wherein the appellant
The recoverability of fines, including compensation, even after the default sentence has been served, as established in the case of Kumaran v. State of Kerala & Anr.
Rule 9 deals with grant of compensation.
The main legal point established is that the Special Court, after disposing of a case, cannot alter or review its judgment to direct payment of compensation. The court clarified that the Special Cour....
Court emphasized minimum sentencing under POCSO Act, ensuring justice for child victims and correcting leniency granted for serious offenses.
The trial court must award interim compensation to child sexual abuse victims based on statutory provisions, irrespective of subsequent statements that may contradict earlier claims.
Legal heirs of a convicted individual can be held liable for compensation awarded, even after the original accused's appeal is abated, under Sections 421 and 431 of the Cr.P.C.
Default imprisonment for non-payment of compensation in Section 138 NI Act cases capped at six months per complaint; consecutive terms across multiple cases modified to period already undergone where....
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