ASMAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is filed against the judgment of conviction and order of sentence dtd. 07/11/2014 passed by the Additional Sessions Judge, 3rd Court, Nadia in Sessions Trial No.1 (May) 2014 whereby the Appellant was convicted under sec. 354 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for two years along with a fine of Rs.5000.00, in default to suffer rigorous imprisonment of six months.

(2.) Genesis of the prosecution case is the written complaint of the victim lady wherein it was alleged that on 20/12/2012 at about 02:00 A.M., when she was sleeping along with her four children, the Appellant being her next door neighbor, stealthily entered into her room. He shut her mouth, forcibly entered into her quilt tried to rape her. She was able to shout somehow removing his hand from her mouth. On being so resisted, the Appellant fled away. On hearing the hue and cry of the victim the neighbors rushed to her residence. Brothers of the Appellant also came there. She narrated the incident to the brothers but they assaulted her. When the neighbors interfered, they went away.

(3.) The written complaint was lodged in Chapra Police Station on 23/12/2012. The case was registered as Chapra P.S. Case No. 653/2012 dtd. 23/12/2012 under Sec. 376/511/506/34 of the Indian Penal Code. Investigating Officer, on being so entrusted with, conducted investigation. He visited the place of occurrence, prepared rough sketch map with index, recorded statement of witnesses, got the statement of the victim recorded under sec. 164 of the Code of Criminal Procedure, 1973 and on completion of the investigation he filed charge sheet under Sec. 376/511/506/34 of the Indian Penal Code against three accused persons namely Hamid Mondal, Chhamad Mondal as well as the Appellant. Charge against the first two accused persons were framed under Sec. 323/34 of the Indian Penal Code whereas charges against the Appellant were framed under Sec. 376/511 of the Indian Penal Code. Charges were read over and explained to the accused persons and they pleaded not guilty and claimed to be tried. Thereafter trial began.