Prasanta Roy @ Prasanta Roy vs Unknown
2021 Latest Caselaw 3845 Cal

19.07.2021

Srimanta

D/L IA No.:CRAN/1/2021 in CRA/1/2021

(Via Video Conference)

In Re : An application for bail under Section 389(1) of the Code of Criminal Procedure, 1973 against the Judgment and Orders dated 08.07.2020 and 10.07.2020 passed by the Learned Additional Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in Special (POCSO) Case No. 83 of 2016, S.T.No. 18(01) of 2017 (CIS No. 83 of 2016).

In the matter of : Prasanta Roy @ Prasanta Roy Barman.

... Appellant.

Mr. Kaushik Choudhury, Adv.

...for the appellant.

Ms. Faria Hossain, Adv., Mrs. Baisali Basu, Adv.

...for the State.

The appellant was convicted for committing offence punishable under Section 8 of the Protection of Children from Sexual Offences Act and sentenced to suffer rigorous imprisonment for four years with fine and default clause. The Judgement and order of conviction and sentence is assailed in the instant appeal.

In the instant petition, the appellant/petitioner has prayed for suspension of sentence and bail.

It is submitted by the Learned Advocate for the appellant that the victim in her evidence stated that she suffered injury during the incident but the Medical Officer did not find any injury on her part. Secondly, the victim claimed that her wearing apparels were torn but no wearing apparels

were seized by the Investigating Officer. No local witness corroborated the evidence of the victim. Therefore, the appellant should be released on bail.

Per contra, the Learned Public Prosecutor-in-Charge submits that in order to prove an offence under Section 8 of the POCSO Act mere touching with culpable intention is sufficient. It is not required that the victim must receive injury in such incident. The medical evidence to establish charge under Section 8 of the POCSO Act is also immaterial.

Upon considering the submission made by the Learned Advocates for the parties and on perusal of the impugned Judgement, I am not inclined to release the accused on bail at this stage. Prayer for suspension of sentence and bail is, therefore, refused.

The Department is directed to call for the Lower Court Record forthwith and prepare the paper book within four weeks from the date of this order.

The Learned Advocate for the appellant is at liberty to mention the matter for hearing of the appeal immediately on receipt of paper book.

(Bibek Chaudhuri, J.)