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2024 Supreme(Cal) 754

SHAMPA SARKAR, TIRTHANKAR GHOSH
State – Appellant
Versus
Deepak Biswas – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. A.S.Zinu, Advocate
For the Respondent:Mr. D. Ilango, Advocate

JUDGMENT :

TIRTHANKAR GHOSH, J.

1. The present appeal has been preferred against the judgement and order of acquittal dated 13th August, 2021 passed by the learned Special Judge (POCSO Act) North and Middle Andaman, Mayabunder in connection with Special (POCSO) ST No. 35 of 2019 corresponding to Special POCSO Case No. 20 of 2019, wherein the learned Special Court was pleased to acquit the accused/respondent from the charges under Section 6 of the POCSO Act and Section 376 AB/506 of the Indian Penal Code.

2. The genesis of the case relate to Diglipur Police Station Case No. 78/19 dated 01.08.2019 which was registered for investigation under Section 5/6 of the POCSO Act, 2012 read with Section 376 AB/506 of the Indian Penal Code. The registration of the aforesaid case was pursuant to the statement of the victim aged about sixteen years ten months and twenty days recorded by the inspector/Officer-in-charge of the Police Station wherein the victim stated that she was residing with her parents in the rented house in Shibpur and both of them were engaged as labours. When she was nine years old, she was admitted at Seva Niketan situated at Dairyfarm, where she studied from class I to VI at D

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