Joymalya Bagchi, J. - (1.) Conviction and sentence dated 13th June/14th June, 2016 passed by the learned Additional Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Case No. 05 (10) of 2014 [Sessions Trial No. I (VIII) of 2015] convicting the appellant-convict in CRA 474 of 2016 for commission of offence punishable under Section 376 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 376 IPC and to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Section 8 of the POCSO Act and the acquittal of the other co-accuseds namely, Sweety Chakraborty, Nonigopal Biswas and Kamana Rani Biswas is the subject matter of challenge in both the appeals. While the appellant-convict has challenged his conviction and sentence in CRA 474 of 2016, one of the victims i.e. PW2 has preferred the appeal being CRA 95 of 2017 under the proviso of Section 372 of the Code of Criminal Procedure alleging that the appellant-convict ought to have been tried under graver charges, enhancement of compensation and acquittal of the aforesaid co-accuseds in this case.
(2.) Gist of the prosecution case as alleged against the appellant-convict is to the effect that the appellant-convict who was related to both the victims (hereinafter referred to as 'victim X' & 'victim Y') had subjected them to repeated sexual assaults on various dates. Co-accuseds, being relations of the appellantconvict, had threatened the said victim. Trial court framed the following charge against the appellant-convict:- "That you, on or about after 28th November, 2014 at your house situated at Mayapur under PS-Nabadwip, Dist-Nadia committed rape on Somi Mazumder, and that you thereby committed an offence punishable u/s. 376 IPC and within the cognizance of this Court. That you, on or about after 28th November, 2014 at your house situated at Mayapur under PSNabadwip, Dist-Nadia committed sexual assault on Promi Mazumder, a minor girl aged about 12 years and that you thereby committed an offence punishable u/s. 8 of POCSO Act and within the cognizance of this Court. And against the co-accuseds, namely, Sweety Chakraborty, Noni Gopal Biswas and Kamana Biswas as follows:- That you, on or about after 28th November, 2014 at your house situated at Mayapur under PSNabadwip, Dist-Nadia all committed criminal intimidation on Somi Mazumder and that you thereby committed an offence punishable u/s. 506 of IPC and within the cognizance of this Court."
(3.) Prosecution examined 16 witnesses to prove the charges including the victims namely, 'victim X' (de-facto complainant) and 'victim Y' (a minor) as PW2 & PW1 respectively. The defence of the appellant-convict was one of innocence and false implication. In support of his defence, he examined four witnesses.;