Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated July 26, 2016 and July 27, 2016 passed by the Learned Additional District & Sessions Judge, 2nd Court, Krishanagar, Nadia in Sessions Trial No.II(XII) of 2015 corresponding to Sessions Case No.04(09) of 2015 convicting the appellant for commission of offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000/- in default to undergo further rigorous imprisonment for three months more has been assailed.
(2.) Prosecution case, as alleged, against the appellant is to the effect that on 07.09.2015 at about 6.30 P.M., the mother of the victim asked her to fetch water from the tube well of a nearby school. When she had gone to fetch water, the appellant caught the victim from the rear and dragged her behind the school building and touched her private parts. When the victim raised objection and started screaming, the appellant threatened her for dire consequences and fled away.
(3.) On the written complaint of the mother of the victim, Taherpur P.S. Case No.159/15 dated 17.09.2015 under section 8 of the Protection of Children from Sexual Offences Act was registered for investigation. In conclusion of investigation charge-sheet was filed under the aforesaid provision of law. Charge was framed against the appellant and the same was read over and explained to him. He pleaded not guilty and claimed to be tried.;