JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 01.09.2022 and 02.09.2022 passed by 2nd the learned Additional Sessions Judge, Court, Chinsurah, Hooghly in Sessions Trial (SPL) No. 24/19 arising out of Sessions Case (SPL) No. 29/18 wherein the learned Trial Court was pleased to convict the appellant under Sections 341/354/354B of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act and sentenced him to suffer as follows:

1) Rigorous Imprisonment for five years and fine of Rs.5,000/-in default to suffer additional Rigorous Imprisonment for three months for offence punishable under Section 354B of the Indian Penal Code;

2) Simple Imprisonment for one month for commission of offence under Section 341 of the Indian Penal Code.

2. Mogra P.S. case no. 245/18 dated 05.09.2018 was registered for investigation under Section 341/354/354B of the Indian Penal Code and Section 8 of the POCSO Act on the basis of a letter of complaint by one ‘Y’ addressed to the Officer-in-charge of the said Police Station. It was alleged that elder daughter of ‘Y’ namely ‘X’ (aged about 12 years) went to a shop for purchasing cake and other food stuffs along with her younger sister. ‘X’ came across accused Chandan Das (Shibu), who provoked her to lie on bed with him. He compelled her to be naked and touched on sensitive parts of her body by removing her clothes/dress. Such incident took place at about 05.00 pm on 05.09.2018. ‘X’ revealed such humiliating act to her and also to her grandmother. Victim expressed to ‘Y’ (mother) that she was feeling pain at her breast which she subsequently informed to her husband and neighbours, who became aware regarding such untoward incident. She therefore, requested to take action against Chandan Das (Shibu).

3. On such complaint, investigation commenced and on conclusion of investigation charge-sheet was submitted on or about 30.10.2018 under Section 341/354/354B of the Indian Penal Code read with Section 8 of POCSO Act against Chandan Das alias Shibu. After supply of copies the learned trial Court was pleased to frame charges against the sole accused under the same Sections. The contents of the charge were read over to the accused person to which he pleaded not guilty and claimed to be tried.

4. Prosecution in order to prove its case relied upon 13 witnesses which included PW1, ‘X’, victim girl; PW2, ‘Y’, the complainant and mother of victim girl; PW3, Mithu Das, neighbour of the complainant; PW4, Archana Das, neighbour of the complainant; PW5, ‘Z’ father of the victim girl; PW6, ‘A’, grandmother of victim girl; PW7, ‘B’, grandfather of the victim girl; PW8, Siru Mandi, Constable and seizure list witness; PW9, Arup Bhowmick, Constable and seizure list witness; PW10, Dr. Partha Bose, Medical Officer, Chinsurah Sadar Hospital; PW11, Anindita Mukherjee, Constable; PW12, S.I. Nilmadhab Pal, Investigating Officer; PW13, Dr. Umapada Mondal, Medical Officer, Chinsurah Sadar Hospital. The prosecution also in order to substantiate its case relied upon number of documents which were admitted as Exhibits and 3 material exhibits. These are Ext.1, signature of PW1 on the seizure list dated 05.09.2018; Ext.2, Signature of PW1 on the medico legal examination report; Ext.3, Signature of PW1 on the statement under Section 164 of Cr.P.C.; Ext.4, written complaint; Ext.5, signature of PW3 on seizure list dated 06.09.2018; Ext.6, carbon copy of zimmanama; Ext.7, xerox copy of birth certificate proved by PW2; Ext. 3/4, Ext.3/5, Ext. 3/6 and Ext.3/7, signatures of PW2 on the statement under Section 164 Cr.P.C.; Ext.4/1, signature of PW3 on the written complaint; Ext.5/1, signature of PW5 on the seizure list dated 06.09.2018; Ext. 1/1, signature of PW5 on the seizure list dated 05.09.2018; Ext.8, signature of PW8 on the seizure list dated 06.09.2018 proved by PW8; Ext.9, medical report of accused; Ext.2/1, signature of PW11