IMPORTANT POINT
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 24.02.2021 and 26.02.2021 passed by the learned Additional Sessions Judge, Bolpur, Birbhum, in Special (POCSO) Case No. 23/18 arising out of Bolpur PS case No. 224 of 2018, wherein the learned Appellate Court after holding the appellant guilty of the offence under Section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) was pleased to sentence him for Simple Imprisonment for five years and fine of Rs.5000/- i.d. to suffer further SI for three months.

2. Bolpur PS case No. 224/2018 dated 09.08.2018 was registered for investigation on the basis of an information/complaint submitted by the victim ‘X’ wherein she alleged that she being a Class XI student and a resident of Village-Bahiri, Dist- Birbhum, went to tuition at I.T.E. Coaching Center at Lodge More (Bolpur), opposite to H.P. Gas on 09.08.2018 at about 4.45 pm in the afternoon. Rajib Das who was responsible for admission at the coaching Center hugged her forcefully and kissed her, thereby intending to rape her. The complainant as such requested the Inspector-in-charge, Bolpur Police Station to take steps and punish the said Rajib Das for his heinous act.

3. On receipt of such complaint the Inspector-in-charge, Bolpur Police Station entrusted Sub-Inspector Kasturi Gupta (PW9) for investigation of the case. Immediately on being assigned the charge of investigation, the investigating officer visited the place of occurrence i.e. the tuition Center, prepared rough sketch map with index, examined the available witnesses and recorded their statement, arranged for medical examination of the victim who declined to be examined. After collection of all documents and materials the investigating officer submitted charge-sheet on or about 21.09.2018.

4. On receipt of the charge-sheet the learned Special Court was pleased to take cognizance of the offence and fixed date for consideration of charges. Accordingly charge was framed by the learned Special Court on 03.01.2019 under Section 8 of the POCSO Act. The contents of the charge were read over to the accused person to which he pleaded not guilty and claimed to be tried.

5. The prosecution in order to prove its case relied upon 9 witnesses which included PW1 ‘X’, the victim girl; PW2, ‘Y’ elder sister of the victim girl; PW3, ‘M’, father of the victim girl; PW4, Tarak Banerjee, owner of ITE Coaching Center; PW5, Tulu Das, another employee of the Coaching Center; PW6, Sridip Ballav, Judicial Magistrate who recorded the statement of the victim under Section 164 Cr.P.C.; PW7, ‘Z’ mother of the victim girl; PW8, Dr. Sourav Das, before whom the victim was taken for medical examination; PW9, S.I. Kasturi Gupta, Sub-Inspector of police attached to Bolpur Police Station and the Investigating Officer of the case.

6. PW1, ‘X’ the victim girl was examined wherein she stated that she got admission at ITE Coaching Center at Lodge More, Bolpur on 30.07.2018 and on 09.08.2018 as usual at about 4.45 pm when she went to the coaching center she found that it was closed and the staff of ITE Coaching Center namely, Rajib Das came there and opened the door. She entered the coaching center when Rajib Das was collecting water from tap, it was at the ground floor wherein the official works were usually done and cycles, shoes etc. were kept there. Victim requested the accused whether she could use the bathroom which was permitted by the accused and after she came out from the bathroom the accused suddenly caught hold of her tightly from the front side when she was perplexed and the accused kissed her on her two cheeks. She pushed the accused, raised protest and started weeping. She called her elder sister ‘Y’. The complaint was written by her elder sister as per her version in her presence and after going through the contents of the same, she signed it. She identified her signature w