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2021 Supreme(Cal) 570

BIBEK CHAUDHURI
Bhema Sk @ Firul Sk – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr.Manas Kumar Das.
For the Respondent: Mr. Saswata Gopal Mukherjeee, Mr.Swapan Banerjee, Mr. Suman De.

JUDGMENT :

(Bibek Chaudhuri, J.)

1. Judgment and order of conviction for committing an offence under Section 10 of the Protection of Children against Sexual Offences Act (hereinafter described as the POCSO Act) and sentence to suffer imprisonment for five years with fine of Rs.1,000/- and default clause passed in Sessions Trial No.06(06) 2018, corresponding to C. Special No.16 of 2018 is assailed in the instant appeal by the convict/appellant.

2. One Taherun Bibi lodged a written complaint on 13th April, 2018 stating inter alia that her minor daughter aged about 7 years at the relevant point of time went to graze her all goats beside ‘Notenala’ situated at the Western side of their village on 9th April, 2018. At about 2 p.m. the appellant found the minor daughter of the de facto complainant alone in the field and forcibly embraced her. Then he opened her pant and put his finger into her vagina to irritate her. Thereafter, the appellant lay her down on the field and forcibly committed rape upon her. She sustained bleeding injury on her person due to such offence. The de facto complainant heard the incident from local people and rushed to the spot and found her daughter in injured cond

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