JUDGMENT :

(Tirthankar Ghosh, J.) :

1. The present appeal has been preferred against the judgement and order of conviction and sentence dated 26.08.2021 passed by the Learned Special Judge, POCSO Court, Sealdah in Special Trial No. 05(12)2020 arising out of Special Case No. 40 of 2020 wherein the learned trial court was pleased to hold the appellant guilty for commission of offence under Section 12 of the POCSO Act and Section 66E of the Information and Technology Act, 2000(hereinafter referred to as the ‘I. T Act’) and sentenced him as follows:-

1. imprisonment for three years and to pay fine of Rs.3000/- i.d., to suffer rigorous imprisonment for one month for the offence punishable under Section 12 of the POCSO Act.

2. for the offence punishable under Section 66E of the I.T. Act, imprisonment for three years and to pay fine of Rs.6000/-, in default to suffer rigorous imprisonment for two months.

2. The present case was initiated on the basis of a complaint lodged by the ‘X’ (hereinafter referred to as the ‘complainant’) with the Officer-in-Charge, Beliaghata Police Station on 20.09.2020. On such complaint being received by the Police Station, Beliaghata P. S. Case No. 188 dated 20-09-2020 was registered for investigation.

3. The allegations made in the letter of complaint were to the effect that the complainant who is aged about 16 years, was residing within the jurisdiction of the said Police Station. On 20.09.2020 at about 7.30 am in the morning she received a phone call from her elder sister Tulika Mistry who represented that her obscene pictures were uploaded and available at her other facebook account. She came to know that her obscene pictures were available at some other facebook account and the same were sent to her by Tulika Mistry through whatsapp. After seeing the pictures, the complainant understood that the said photographs were not uploaded by her and she realized that Riki @ Babai Das with whom she had friendship and for two consecutive days had video chat did the mischief. She alleges that she had shown her breasts in good faith of which screenshots were taken by the accused without her knowledge. The accused created a fake facebook account which was in her name, from the facebook settings it reflected that the fake facebook account was created through the mobile number 6291830256. The fake facebook account had URL number facebook.com/profile.php and ID no.100055564146665. She requested the Police Authorities to take requisite legal steps against the accused and informed that the address of Riki Das is 97, K. G. Bose Sarani, Kolkata –85.

4. On completion of investigation, Investigating Officer submitted charge-sheet against the appellant, Riki Das under Section 12 of the POCSO Act read with Section 66D/66E of the I. T. Act.

5. After supply of copies on which the prosecution intended to rely, charge was framed against the accused/appellant and the contents were read over to him to which he pleaded not guilty and claimed to be tried.

6. The prosecution in order to prove its case relied upon eleven (11) witnesses which included P.W-1, ‘X’ complainant/victim girl; P.W-2 Tulika Mistry, cousin sister of the complainant; P.W-3, Karabi Roy, aunt of the complainant; P.W-4, ‘Y’ father of the victim girl; P.W-5, Bappa Naskar, seizure list witness; P.W-6, Thirtha Ghosh, seizure list witness; P.W-7, Sosanna Rai, Judicial Magistrate, 2nd Court, Sealdah; P.W-8, Ratna Sarkar, LSI of Police attached to Narkeldanga P.S; P.W-9, Biren Roy Chowdhury, constable of police at Photographic Section, Scientific Wing, DD, Lalbazar; P.W-10, Gunasindhu Sahoo, reporting officer, Cyber Forensic and Digital Examination Laboratory at SDF Building, Sector –V under the ADG(CID), West Bengal; P.W-11, Amit Sen Gupta, Investigating Officer of the case.

7. The documents and materials which were produced in support of the case included Ext.1(written complaint), signature of PW1 on seizure list dated 21.09.2020 (Ext.2/1), signature of Pulak Mondal on sei