TINKU SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dtd. 27/1/2017 passed by the learned Additional Sessions Jude, 1st Fast Track Court at Berhampore in Sessions Case No. 252/2009 corresponding to Sessions Trial No. 3(02)/2011 thereby convicting the appellant for committing offence under Sec. 376 read with Sec. 511 of the Indian Penal Code and sentencing him to suffer simple imprisonment for three years and to pay fine of Rs.10,000.00, in default, to suffer simple imprisonment for six months. On 19/8/2008, the de facto complainant lodged a complaint before the learned Chief Judicial Magistrate, Murshidabad under Sec. 156 (3) of the Code of Criminal Procedure stating, inter alia, that she is a widow. She has been running her livelihood selling cloths. On 17/8/2008 at about 6 p.m. she was returning to her house after purchasing some printed saree from the shop of one Morjem Hossein. On the way to her house when she reached Goatipara near a banana garden, the accused caught hold of her.