- (1.)The present accused-appellant stands convicted for having committed an offence punishable under Section 363 of Indian Penal Code (hereinafter referred to as IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act). In relation to an offence under IPC, he stands directed to undergo rigorous imprisonment for a period of 1(one) year and pay fine of Rs.1,000/- (rupees one thousand) and in default thereof, simple imprisonment for a period of 1(one) month; and in relation to an offence under POCSO Act, he stands directed to undergo rigorous imprisonmentfor a period of 7(seven) years and pay fine of Rs.1,000/- (rupees one thousand) and in default thereof, simple imprisonment for a period of 1(one) month.
(2.)Briefly stated, it is the case of the prosecution that on 28.12.2013, the accused-appellant, forcibly took away the prosecutrix in a vehicle and made her spend the night in the house of his relative. The following day, she was taken to the forest where she was subjected to sexual assault. Finding his daughter not to return home from her private tuition, Sri Badal Das Choudhury (PW-6), father of the prosecutrix, lodged a report with the police. Soon the police traced them and custody of the daughter was handed over to her father and the accused arrested. The investigation was conducted by Inspector Narayan Chakraborty (PW-17) and S.I. Palash Datta (PW-18). Prosecutrix was got medically examined, so also the accused. Prima facie finding the accused to have committed the crime, prosecution presented the charge-sheet in the Court for trial. Significantly, prosecution arrayed friends of the accused as accomplice.
(3.)Accused Priyatosh Dey, Mitan Dey and Sajal Dey were charged for having committed an offence punishable under Section 366A read with Section 34 of IPC. Independently, accused Pramanik Dey (appellant herein) was charged for having committed an offence punishable under Section 366A and 376(1) of IPC, as also under Section 4 of the POCSO Act.
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