SUJIT BHOWMICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant faced trial on the charge under Ss. 448, 376/511 and 325 and 379 of the Indian Penal Code, IPC in short and on completion of trial the learned Additional Sessions Judge Uluberia, found him guilty for committing offence under Ss. 354, 448 and 323 of the IPC and he was convicted and sentenced to suffer rigorous imprisonment for three years with fine and default clause for committing offence under Sec. 354 of the IPC, rigorous imprisonment for six months with fine and default clause for the offence punishable under Sec. 448 of the IPC and rigorous imprisonment for six months with fine and default clause for committing offence under Sec. 323 of the IPC in Sessions Trial No.116(U) of 2014 on 5/7/2016.

(2.) The order of conviction and sentence is assailed in the instant appeal.

(3.) On 28/8/2013 the defacto complainant lodged a written complaint before the Officer-in-Charge, Shyampur Police Station stating, inter alia, that her husband used to work at the relevant point of time in Kolkata. She used to reside alone in her house at village Gadiara. On 24/8/2013 at about 2 am at night, accused Sujit Bhowmik @ Vikey broke open the door of her room and tried to commit rape upon her. The defacto complainant raised alarm which prevented him from committing rape upon her. But the accused snatched away one earring made of gold from her ear. Hearing her hue and cry, her elder brother-in-law and local people rushed to the place of occurrence. Seeing them the accused fled away from the room of the defacto complainant in naked condition leaving his 'lungi and shoes '. On the following day she was medically treated at Kamalpur Hospital. It is also stated by the defacto complainant that due to her medical treatment, there was delay in lodging complaint against the accused.