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2023 Supreme(Online)(Cal) 6473

CALCUTTA HIGH COURT
, J
Animesh Biswas v. State of West Bengal


Advocates:
For the Appellant: Mr. Mit Guha
For the Respondents: Mr. Saryati Datta

1. This is an appeal assailing the judgement and order dated 07.05.2022 passed by Learned Additional Sessions Judge, 2nd Court cum Special Court under POCSO Act, Krishnanagar, Nadia in connection with POCSO Case No. 105 of 20, whereby Learned Judge, found the appellant / accused guilty of committing offence under S.10 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as POCSO Act) and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/- in default of payment to suffer further simple imprisonment for six months.

2. Factual matrix of the case is that on 28.02.2020 at about 10.00 a.m. appellant / accused laid the victim, a student of class 3, on the floor of the school and forcibly committed rape upon her before the class was started. As a result, victim started shouting loudly and accused / appellant slapped her twice and fled away from this school. After the alleged incident victim was taken to Mira Bazaar Health Center where from she was referred to Krishnanagar District Hospital. Her paternal grant father lodged the complaint before officer in charge Kaliganj Police Station, Nadia.

3. On receipt of the said w



































































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