Sudarshan Maji vs The State Of West Bengal & Anr
2022 Latest Caselaw 606 Cal

16.02.2022 Item No.03 Suman Ct.42 (Via Video Conference)

CRA 312 of 2021 With CRAN 1 of 2021

In Re: An application under Section 389 of the Code of Criminal Procedure.

And

In the matter of: Sudarshan Maji Vs.

The State of West Bengal & Anr.

Mr. Amal Krishna Samanta ...for the appellant

Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ...for the State

It is submitted by the learned advocate for the

accused that the accused/appellant was convicted and

sentenced to rigorous imprisonment for five years for

committing offence under Section 10 of the POCSO Act.

Though the charge sheet was filed under Sections 6 and 8

of the POCSO Act along with other penal provisions under

the Indian Penal Code, finding of the learned trial Judge

was that the accused had committed offence under

Section 10 of the POCSO Act.

It is also learnt from the submission made by the

learned advocate for the appellant that the accused is a

septuagenarian person. He used to impart private tuition

to the victim girl. The victim girl used to call him 'Dadu'

(grandfather). The accused was all along on bail during

trial of the case and never misused such condition. Since

the accused was sentenced to term imprisonment and

considering his age the learned advocate for the accused

has strongly prayed for his bail during pendency of the

appeal.

Learned P.P.-in-Charge, on the other hand, has

vehemently objected to such prayer. The learned P.P.-in-

charge draws my attention to some of the evidence and

relevant portions of the judgment from where it is

ascertained that the victim was subjected to sexual

assault by the accused for a long period of time. She was

threatened by the accused and, therefore, she did not

disclose the fact for a long time. Only when her aunt saw

the accused committing such offence at the time of

imparting private tuition, she narrated the same to the

mother of the victim and only then the case was initiated

against the accused. The learned P.P.-in-Charge has also

referred to the evidence of P.W.8, a Homeopathy doctor.

On perusal of the evidence culpable intention of the

accused can be ascertained.

I have carefully gone through the impugned

judgment. Considering the gravity of the offence allegedly

committed by a man of 72 years upon a girl of only 10

years, I am not inclined to release the accused on bail at

this stage. The prayer for bail is, thus, refused.

The application is, accordingly, disposed of.

(Bibek Chaudhuri, J.)