PRALAY DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant appeal the accused persons have challenged the order of conviction and sentence under Ss. 376/511 and Sec. 342 of the Indian Penal Code in Sessions Trial No.17 of 1985 arising out of Sessions Case No.101 of 1984 handed down by the learned Sessions Judge, Purulia.

(2.) The appellant No.1 was directed to suffer imprisonment for 7 years for committing offence under Ss. 376/511 of the Indian Penal Code and the appellant No.2 was directed to suffer sentence of rigorous imprisonment of one year for committing offence under Sec. 342 of the Indian Penal Code, IPC in short.

(3.) Purilia Town Police Station Case NO.6 dtd. 12/5/1984 was registered under Ss. 376/448/342/506 of the IPC against the accused persons on the basis of a written complaint submitted by one Chitaranjan Dutta. It is alleged by the de facto complainant that his daughter, aged about 8 years at the relevant point of time went to fetch water from Manbhom Sports Association (M.S.A.) on 12/5/1984 at about 9:30 /10:00 a.m. At that time accused Pralay Dasgupta @ Chhotku called her and took her inside the office room of MSA. Then he closed the door and windows of the said room, made the minor daughter of the de facto complainant to lie down on the table forcibly put off her pant and attempted to commit rape upon her. When the daughter of the de facto complainant cried out of fear, the accused fled her off. At the time of her departure, the accused threatened her saying not to disclose the incident to anybody. The daughter of the de facto complainant returned to her house weeping. The de facto complainant came to know about the incident from her daughter and asked the accused that he would take steps by lodging a complaint against him with the police. At that time accused Proloy and his friend Kanak Pramanick threatened the de facto complainant saying that if he tried to lodge a complaint with the police against them, they would drive them away from the locality.