JHANTU BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 26.04.2010 and 28.04.2010 passed by the Additional Sessions Judge, Fast Track Court, Mathabhanga, in Sessions Case No. 120 of 2009 corresponding to Sessions Trial No. 2(5) of 2009 thereby convicting the appellant for the offence punishable under Sections 376/511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/-.

(2.) The factual aspects of the case, in short, is stated below:

(3.) He then turned on the switch of the radio and at that point of time to fulfil his lust, the appellant took Suniti in his arms and started to give her kiss. Thereafter, the appellant set his hands into the private parts of Suniti and laid her on the bed forcibly to have sex with her. Finding no other alternative, Suniti started screaming and somehow managed to flee from the house of the appellant.