KAMAL DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement passed by learned Additional Sessions Judge, 1st Court, Jalpaiguri in Sessions Case No. 390 of 2014 on 28/3/2017 whereby learned Trial Court recorded an order of conviction and sentenced the convict to suffer rigorous imprisonment for three and half years for committing offence within the meaning of Sec. 376/511 of the Indian Penal Code and rigorous imprisonment for one year for the offence punishable under Sec. 448 of the Indian Penal Code subject to the provision of Sec. 428 of the Cr.P.C.

(2.) Briefly stated, the victim girl was 15 years of age as on 1/11/2012. On the fateful day at about 1.30 p.m., while she was engaged in her study, the accused persons, who happened to be her next door neighbours, entered into the room and embraced her from behind. They also tried to take off her wearing apparels with an intention to ravish her. The victim girl screamed for help and the accused persons fled away. At the relevant point of time mother of the victim was not present in the house, after she came back the victim narrated the entire incident. However, they could not gather courage to inform the matter to police primarily being intimidated by the accused persons. After five days of incident the victim girl informed the police in writing. As the information disclosed offence cognizable in nature, Moinaguri P.S. Case No. 425/12 dtd. 6/11/2012 was registered under Sec. 448/376/511 of the Indian Penal Code. Trial was commenced on 1/7/2015 and accused persons stood trial pleading their innocence.

(3.) To bring home charges, prosecution examined as many as 7 witnesses. After scrutiny of the evidence both oral and documentary, learned Trial Court was pleased to pass the judgement impugned.