Joymalya Bagchi, J. - (1.) Lower court records have been received. With the consent of the learned parties, the appeal is disposed of dispensing with preparation of paper books.
(2.) Appeal is directed against the judgment and order dated 15.06.2018 passed by the learned Additional District and Sessions Judge, 1st Court, Sealdah, South 24 Parganas, in Special Case No. 02 of 2018 convicting the appellant for commission of offence punishable under Section 6 of the POCSO Act, thereby sentencing him to suffer imprisonment for 10 years and also to pay a fine of Rs.1,00,000/- out of which 90 per cent, if realised, shall be paid to the victim as compensation under Section 357 of the Code of Criminal Procedure, in default, to suffer rigorous imprisonment for one year more.
(3.) Prosecution case as alleged against the appellant is to the effect that the victim, a minor aged around 9 years old, used to reside with her aunt (P.W. 2). On 28th December, 2017 the victim complained of burning sensation in her private parts. Her aunt (P.W. 2) ignored such complaint. She again made similar complaint on 31st December, 2017. When her aunt (P.W.2) enquired as to the reason for such pain, the victim disclosed that 3 to 4 days ago the appellant had inserted his finger into her vagina. Victim was admitted and medically treated at N.R.S. Medical College and Hospital and on the complaint of P.W.2 the instant criminal case was registered. In conclusion of investigation, charge-sheet was filed against the appellant. Charges were framed under Section 376(2)(i) of IPC and under Section 6 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'). The appellant pleaded not guilty and claimed to be tried.;