1. Since both the Criminal Appeal filed on behalf of the
accused/appellant and the Acquittal Appeal preferred by the
complainant arise out of the same judgment passed by the
learned Second Additional Sessions Judge and Special Judge
(POCSO Act), Balodabazar, C.G., and as the issues involved in
both the appeals are interconnected and based on the same set
of facts and evidence, it was considered appropriate and in the
interest of justice to hear them together. Accordingly, both the
appeals have been clubbed, heard analogously, and are being
disposed of by this common judgment.
2. Criminal Appeal No. 1208/2014 has been preferred on behalf of
the accused/appellant, whereas Acquittal Appeal No. 35/2015 has
been filed by the complainant/victim, assailing the legality, validity
and propriety of the judgment dated 22.11.2014 passed by the
learned Second Additional Sessions Judge and Special Judge
(POCSO Act), Balodabazar, District Balodabazar-Bhatapara
(C.G.) in Special Sessions Trial No. 30/2014. By the said
judgment, the learned trial Court acquitted the appellant/accused,
namely Shobhit @ Choti, of the charges punishable under
Section 376 of the Indian Penal Code, 1860 (for short, “IPC”) and
Sections 4 and 8 of the Protection of Children from Sexual
Offences Act, 2012 (for short, “POCSO Act”). However, the
appellant was convicted and senteced for the offences
punishable under Sections 354 and 506 Part-II of the IPC, as
follows :-