DIPAK KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15th January, 2005 and 17th January, 2005 passed by the learned Additional District and Sessions Judge, 1st Fast Track Court, Jangipur, Murshidabad in Sessions Serial No. 14/2004 arising out of Suti P.S. Case No. 78/2000 dated 16th July, 2000 thereby convicting the appellant, Dipak Kumar Das for committing an offence punishable under Sections 376/511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for one year more. The appellant has challenged the judgment impugned on the following grounds:

(2.) The prosecution case before the learned Trial Court, in short, is that on 16.07.2000 at about 18.25 hours one Tilak Das, father of Tannita Das @ Riya Das, lodged one First Information Report with Suti Police Station alleging therein that he came to know from his daughter, Tannita, that about two months prior to the date of lodging of the First Information Report, Dipak Das attempted to commit rape on Tannita in his maternal uncle s house. He had shown his male organ to Tannita and also rubbed his male organ on her panty. Tannita asked Dipak Das not to do so, but he did not refrain himself from doing so. He forcibly caught hold of Tannita and then committed sexual torture on her. He kissed Tannita and sucked her mouth by placing his mouth on her mouth. On 09.07.2000, at about 8 P.M. he also did similar thing in the house of Tilak Das.

(3.) Dipak Das threatened her of dire consequence in case of disclosure of the fact and, as such, Tannita did not disclose anyone before 11.07.2000. Tilak Das, being learnt the incidents became perplexed and started thinking as to what would be his next course of action. Thinking over the matter, ultimately, he went to the Suti Police Station and lodged First Information Report on 16.07.2000.