MANIK MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against conviction passed by the learned Additional Sessions Judge, Fast Track, Second Court, Malda in Sessions Trial No.13(01)/2017 arising out of Sessions Case No. 571 of 2016 convicting the appellant under Ss. 448/354 of the Indian Penal Code and sentencing him to suffer imprisonment for two years with fine and default clause for the offence punishable under Sec. 354 of the Indian Penal Code and also sentencing him to pay fine of Rs.500.00, in default, to suffer simple imprisonment for one month for the offence punishable under Sec. 448 of the Indian Penal Code.

(2.) In the night of 11/12/6/2015 when the de facto complainant was sleeping with her minor children, the appellant allegedly trespassed into her room and outraged her modesty touching different parts of her body. The de facto complainant woke up and tried to resist the appellant but the appellant gagged her mouth with the help of her wearing apparels. When the de facto complainant raised alarm, the accused assaulted her with fists and blow. In the meantime, some witnesses reached the place of occurrence but the accused managed to flee away.

(3.) It is alleged by the de facto complainant that she reported the matter to the police officer attached to Manikchak Police Station and then to the Superintendent of Police. But no step was taken by the police authority. This led her to file a written complaint before the Court of the learned Chief Judicial Magistrate, Malda on 7/7/2015.