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2022 Supreme(Cal) 965

BIBEK CHAUDHURI
Tarak Das – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Manjit Singh, Advocate, Gaganjyot Singh, Advocate, Biswajit Mal, Advocate, Rishan kumar Singh, Advocate, Amitabha Ghosh, Advocate, Nabanita Chatterjee, Advocate, Sk. Sajauddin, Advocate, Ranabir Roy Chowdhury, Advocate, Faria Hossain, Advocate, Baisali Basu, Advocate

JUDGMENT

Bibek Chaudhuri, J. - The accused suffered conviction and sentence in Special T.R Case No.28 of 2006 under Section 10 of the Protection of Children from Sexual Offences act (hereinafter POCSO act for short). The learned trial judge passed the order of sentence of imprisonment for six years and fine of Rs.20,000/-, in default of payment of fine, further imprisonment for five months.

2. The said judgment and order of conviction and sentence is assailed in the instant appeal. On 24th September, 2015 at about 10.20 pm at night, one Pradip Das lodged a complaint stating, inter alia, that his minor daughter aged about 11 years was a student of class-VI of a local school. She used to take tuition with other students from Tarak Das who used to reside at Das Para near Shani Temple. On 24th September, 2015 at about 10 am in the morning his daughter went to her private tutor to attend tuition class. at about 12 noon, the wife of the defacto complainant went to the house of the accused to bring her back, she found her sobbing and terrorized. On being asked, the daughter of the defacto complainant initially did not state anything. On repeated persuasion, at about 4 pm she informed that o

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