Amirul Gain @ Bappa vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 949

BIVAS PATTANAYAK, JOYMALYA BAGCHI
Amirul Gain @ Bappa – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
Mr. Sumanta Chakraborty, Adv, for the Appellant; Mr. Partha Pratim Das, Adv. Ms. Manasi Roy, Adv, for the Respondent

JUDGMENT

Joymalya Bagchi, J. - Appellant has assailed judgment and order dated 20th March, 2018 and 21st March, 2018 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, in Sessions Trial No. 07(11)2016 (Special case No. 259 of 2016) convicting the appellant for commission of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment of 10 years and to pay a fine of Rs. 1,00,000/- in default, to suffer rigorous imprisonment for one year more and directing compensation to the tune of Rs. 4.5 lakhs be paid to the mother of the victim girl (P.W. 2) through the District Legal Service Authority, North 24 Parganas.

2. Appellant had a live in relationship with the mother of the victim (P.W. 2). They were residing together in a rented apartment in the house of one Surajit Pal (P.W. 5). It is alleged during the absence of P.W. 2, the appellant subjected her daughter, a eight years old child, to penetrative sexual assault on various occasions by putting his mouth on her vagina and inserting his penis into her mouth. Initially, the victim remained quiet as she was threatened by the appellant.