SRI SWAPAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order of conviction passed on 11/2/2020 and sentence dtd. 12/2/2020 pronounced by learned Additional Sessions Judge, Kalyani, Nadia in Sessions Trial No. 1 (9) 2017 arising out of Sessions Case No. 7 (6) 2016 whereby learned Trial Court was pleased to record an order of conviction against the appellant for committing offence under Sec. 354/448 of the Indian Penal Code and sentenced him to suffer imprisonment for two years and to pay fine of Rs.20,000.00 with default clause.

(2.) Smt. Bhadrori Singh wife of Dharam Singh set the criminal administration of justice into motion by informing the Officer-in-charge of Haringhata Police Station in writing that she used to visit the house of Swapan Sarkar, quack, for health checkup or on medical issues and became well acquainted with the said person. Swapan Sarkar used to visit her house as well. On 11th of November, 2015 at about 11 p.m. Swapan Sarkar came to her house in absence of her husband and gave some indecent proposal and made an attempt to commit rape upon her. She raised alarm which attracted the neighbouring people and the man fled away.

(3.) Since the information disclosed an offence cognizable in nature Haringhata P.S. Case No. 473 of 2015 was registered on 12/11/2015 under Sec. 448/376/511 of the I.P.C. Police took up investigation which culminated into submission of charge sheet against the accused person under Sec. 448/376/511 of the I.P.C.