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2021 Supreme(Cal) 585

SOUMEN SEN, RABINDRANATH SAMANTA
Raju Roy – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Md. Zohaib Rauf Mr. Rameez Alam
For the Respondent: Mr. Saibal Bapuli Mr. Bibaswan Bhattacharya

JUDGMENT :

Rabindranath Samanta, J.

1. This appeal is against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge–cum-Special Judge under POCSO Act, 2012, First Court, Sealdah in Special Case No. 55 of 2017 whereby the appellant has been convicted for commission of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) read with Section 376 (2) (i), Indian Penal Code (in short IPC) and sentenced to suffer rigorous imprisonment for life without remission and to pay a fine of Rs. 2,000,00/-, out of which 90 per cent amount is to be paid to the victim as compensation under Section 357, Code of Criminal Procedure (in short Cr.P.C), in default to undergo rigorous imprisonment for one year more. By that judgment the learned Trial Judge directed that compensation of Rs.10,00,000/-(Ten Lakhs Only) be paid to the victim under Section 357A, Cr.P.C.

2. The prosecution case, in short compass, may be delineated as under:

On 15th December, 2017 in noon the victim girl who is the younger daughter of the informant Guria Sah was playing in front of her house. At about 3.00 p.m. while she was sear

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