BIDYUT RUIDAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is against the judgment and order dtd. 13/1/2006/16/1/2006 passed by Assistant Sessions Judge, Suri, Birbhum in Sessions Trial No. 2/05 convicting the appellant for commission of offence punishable under Sec. 448/376/511/324 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 6 (six) months for committing the offence punishable under Sec. 448 of the Indian Penal Code; 4 (four) years for committing the offence punishable under Sec. 376/511 of the Indian Penal Code and 6 (six) months for committing the offence punishable under Sec. 324 of the Indian Penal Code and fine of Rs.500.00for the offence under Sec. 448 of the Indian Penal Code; Rs.500.00 for the offence under Sec. 376/511 I.P.C. and to Rs.300.00 for the offence under Sec. 324 of the Indian Penal Code and in default to suffer rigorous imprisonment for one month each for the said above offence. All the above sentence were to run concurrently.

(2.) The prosecution case is that on 12/7/2005 at about 4.15 a.m., when the complainant namely Bebi Sarkar was sleeping with her two sons in the Verandah of their house, the appellant after entering the house, forcibly made attempt to commit rape upon her. She somehow resisted him. The appellant attacked her with a knife and she sustained injury on her both hands. She raised alarm and rushed to the Kali Temple, where her husband was present and reported the incident. Her husband called the villagers at the Kali Temple and reported the incident to them.

(3.) On completion of investigation chargesheet was submitted against the appellant for offence punishable under Ss. 448/376/511/324 of the Indian Penal Code. Charge was framed to which the appellant pleaded not guilty and claimed for trial.